Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 (29 January 2019)

Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 (29 January 2019)

The Deputy District Judge correctly applied the exceptional circumstances test under CPR 45.29J by considering the claimant's permanent disability, the complexity of the case, the Ogden calculation, and the extensive work required, all of which justified departing from the fixed recoverable costs regime. There was no error of law or misapplication of the test, and the exercise of discretion was within the proper ambit.

Citation
[2019] EW Misc 18
Parties
Claimant Respondent: William John Lloyd; Defendant Appellant: 2 Sisters Food Group
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Fixed Recoverable Costs, Exceptional Circumstances, Costs Assessment, CPR 45.29 J, Personal Injury Claims
Civil Procedure Personal Injury Costs Fixed Recoverable Costs Exceptional Circumstances Costs Assessment CPR 45.29 J Personal Injury Claims

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Parties

William John Lloyd

Claimant Respondent

2 Sisters Food Group

Defendant Appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Deputy District Judge correctly applied the 'exceptional circumstances' test under CPR 45.29J to allow costs exceeding the fixed recoverable costs regime.

Ratio Decidendi

The Deputy District Judge correctly applied the exceptional circumstances test under CPR 45.29J by considering the claimant's permanent disability, the complexity of the case, the Ogden calculation, and the extensive work required, all of which justified departing from the fixed recoverable costs regime. There was no error of law or misapplication of the test, and the exercise of discretion was within the proper ambit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed; the order of the Deputy District Judge allowing costs exceeding the fixed recoverable costs stands.