Laura Attersley v UK Insurance Limited

Laura Attersley v UK Insurance Limited

Where an ex-Protocol case is allocated to the multi-track, Section IIIA of Part 45 is disapplied by CPR 45.29B, so CPR 36.20 does not apply; costs must be assessed on the standard basis up to expiry of the relevant period for acceptance of a Part 36 offer.

Parties
Appellant/claimant: Miss Laura Attersley; Respondent/defendant: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
04 November 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Costs Assessment, Fixed Costs Regime, Part 36 Offers, Multi Track Allocation, Statutory Interpretation
Civil Procedure Personal Injury Insurance Law Costs Assessment Fixed Costs Regime Part 36 Offers Multi Track Allocation Statutory Interpretation

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Parties

Miss Laura Attersley

Appellant/claimant

UK Insurance Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether CPR 36.20 applies to costs in ex-Protocol cases allocated to the multi-track
  2. 2 Whether claimant is entitled to fixed costs or costs assessed on the standard basis up to expiry of Part 36 offer
  3. 3 Interpretation of CPR 45.29B and its interaction with Part 36

Ratio Decidendi

Where an ex-Protocol case is allocated to the multi-track, Section IIIA of Part 45 is disapplied by CPR 45.29B, so CPR 36.20 does not apply; costs must be assessed on the standard basis up to expiry of the relevant period for acceptance of a Part 36 offer.

Court Disposition

appeal allowed

Orders

  • Claimant's costs to be assessed on the standard basis up to expiry of the relevant period under Part 44.
  • Assessment to be conducted in the County Court at Southend.