Raphael De Lima Santiago v Motor Insurers' Bureau

Raphael De Lima Santiago v Motor Insurers' Bureau

Interpreter’s fees reasonably incurred to enable a vulnerable party to participate fully and give best evidence are recoverable as a disbursement under CPR 45.29I(h), as this interpretation accords with the overriding objective and is not precluded by Cham, which is distinguishable.

Parties
Appellant/claimant: Raphael De Lima Santiago; Respondent/defendant: Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
appeal allowed
Legal Topics
Fixed Costs Regime, Disbursements, Access to Justice, Vulnerable Parties, Interpreter Fees
Civil Procedure Costs Fixed Costs Regime Disbursements Access to Justice Vulnerable Parties Interpreter Fees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Raphael De Lima Santiago

Appellant/claimant

Motor Insurers’ Bureau

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether interpreter’s fees are recoverable as a disbursement under CPR 45.29I(h) in fixed costs cases
  2. 2 Whether the need for an interpreter constitutes a 'particular feature of the dispute'
  3. 3 Impact of the overriding objective and vulnerability provisions on interpretation of CPR 45.29I(h)

Ratio Decidendi

Interpreter’s fees reasonably incurred to enable a vulnerable party to participate fully and give best evidence are recoverable as a disbursement under CPR 45.29I(h), as this interpretation accords with the overriding objective and is not precluded by Cham, which is distinguishable.

Court Disposition

appeal allowed

Orders

  • Interpreter’s fees are recoverable as a disbursement under CPR 45.29I(h)
  • Costs to be assessed accordingly