Qader & Ors v Esure Services Ltd & Ors

Qader & Ors v Esure Services Ltd & Ors

Section IIIA of CPR Part 45 should be interpreted as not applying the fixed costs regime to cases allocated to the multi-track; allocation to the multi-track automatically dis-applies the fixed costs regime for claims started under the RTA Protocol but no longer continuing under it.

Parties
Appellant: Qader & Ors; Respondent: Esure Services Limited; Appellant: Khan & Anr; Respondent: McGee; Intervener: Personal Injury Bar Association; Intervener: Association of Personal Injury Lawyers
Jurisdiction
England and Wales
Judgment Date
16 November 2016
Procedural Posture
Civil Appeal / Judgment on Conjoined Appeals From County Court and Civil Justice Centre
Outcome
Appeal in Qader's case allowed; appeal in Khan's case dismissed.
Legal Topics
Fixed Costs Regime, RTA Protocol, Multi Track Allocation, Interpretation of CPR Part 45, Costs Management
Civil Procedure Personal Injury Fixed Costs Regime RTA Protocol Multi Track Allocation Interpretation of CPR Part 45 Costs Management

Case Brief

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Parties

Qader & Ors

Appellant

Esure Services Limited

Respondent

Khan & Anr

Appellant

McGee

Respondent

Personal Injury Bar Association

Intervener

Association of Personal Injury Lawyers

Intervener

Procedural Posture

Civil Appeal / Judgment on Conjoined Appeals From County Court and Civil Justice Centre

Legal Issues

  1. 1 Does the fixed costs regime under CPR Part 45 section IIIA apply to cases started under the RTA Protocol but later allocated to the multi-track?
  2. 2 Is there a drafting error in the rules that requires judicial correction to reflect legislative intent?

Ratio Decidendi

Section IIIA of CPR Part 45 should be interpreted as not applying the fixed costs regime to cases allocated to the multi-track; allocation to the multi-track automatically dis-applies the fixed costs regime for claims started under the RTA Protocol but no longer continuing under it.

Court Disposition

Appeal in Qader's case allowed; appeal in Khan's case dismissed.

Orders

  • Fixed costs regime under CPR Part 45 section IIIA does not apply to cases allocated to the multi-track.
  • Ordinary multi-track costs rules, including costs management and budgeting, apply to such cases.