Police of the Metropolis v Brown

Police of the Metropolis v Brown

Because Ms Brown advanced claims other than for damages for personal injury, the proceedings are a mixed claim and fall within the exception at CPR 44.16(2)(b), engaging the court's discretion to permit enforcement of the defendant's costs order.

Parties
Appellant and Defendant: The Commissioner of Police of the Metropolis; Appellant and Defendant: The Chief Constable of Greater Manchester Police; Respondent and Claimant: Andrea Brown; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Personal Injury, Mixed Claims, Court Discretion, Access to Justice
Civil Procedure Costs Law Qualified One Way Costs Shifting (qocs) Personal Injury Mixed Claims Court Discretion Access to Justice

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Parties

The Commissioner of Police of the Metropolis

Appellant and Defendant

The Chief Constable of Greater Manchester Police

Appellant and Defendant

Andrea Brown

Respondent and Claimant

The Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Does QOCS protection apply automatically to mixed claims including personal injury and other claims?
  2. 2 Is the court's discretion under CPR 44.16(2)(b) engaged in mixed claims?
  3. 3 How should CPR 44.13 and CPR 44.16(2)(b) be construed in the context of mixed claims?

Ratio Decidendi

Because Ms Brown advanced claims other than for damages for personal injury, the proceedings are a mixed claim and fall within the exception at CPR 44.16(2)(b), engaging the court's discretion to permit enforcement of the defendant's costs order.

Court Disposition

appeal allowed

Orders

  • Judge has discretion under CPR 44.16(2)(b) to permit enforcement of defendant's costs order to the extent considered just.
  • Further hearing to determine exercise of discretion scheduled.