Shirtcliffe v Baker [2013] EW Misc B32 (CC) (02 October 2013)

Shirtcliffe v Baker [2013] EW Misc B32 (CC) (02 October 2013)

The five-day extension under paragraph 7.30 was triggered as the offer was made within five days of the end of the consideration period. Payment was not due until ten days after the end of the extended period. The claimant issued proceedings prematurely. Costs are to be limited to those recoverable under the protocol, as claimant's conduct was unreasonable in exiting the protocol.

Citation
[2013] EW Misc B32 (CC)
Parties
Claimant: Simon Shirtcliffe; Defendant: Sandra Elizabeth Baker
Jurisdiction
England and Wales
Judgment Date
02 October 2013
Procedural Posture
Detailed Costs Assessment Following Settlement of Personal Injury Claim / Post Judgment Costs Assessment
Outcome
Costs limited to protocol fixed costs due to unreasonable conduct by claimant in issuing proceedings prematurely.
Legal Topics
RTA Protocol, Costs Assessment, Interpretation of CPR, Tomlin Orders
Civil Procedure Personal Injury RTA Protocol Costs Assessment Interpretation of CPR Tomlin Orders

Case Brief

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Parties

Simon Shirtcliffe

Claimant

Sandra Elizabeth Baker

Defendant

Procedural Posture

Detailed Costs Assessment Following Settlement of Personal Injury Claim / Post Judgment Costs Assessment

Legal Issues

  1. 1 Whether claimant's costs should be limited to fixed portal costs due to premature issue of proceedings
  2. 2 Interpretation of 'relevant period' for payment under RTA protocol paragraph 7.40
  3. 3 Whether claimant unreasonably exited the protocol

Ratio Decidendi

The five-day extension under paragraph 7.30 was triggered as the offer was made within five days of the end of the consideration period. Payment was not due until ten days after the end of the extended period. The claimant issued proceedings prematurely. Costs are to be limited to those recoverable under the protocol, as claimant's conduct was unreasonable in exiting the protocol.

Court Disposition

Costs limited to protocol fixed costs due to unreasonable conduct by claimant in issuing proceedings prematurely.

Orders

  • Defendant to pay claimant's costs limited to £1,924 plus VAT and success fee at 12.5%.
  • Defendant's costs of the application allowed, subject to assessment.