Hammond v SIG Plc & Subsidiary Companie [2019] EWHC B7 (Costs) (11 June 2019)

Hammond v SIG Plc & Subsidiary Companie [2019] EWHC B7 (Costs) (11 June 2019)

The claim started under the Protocol when the CNF was submitted, and having exited the Protocol, fixed costs under CPR 45 Section IIIA apply. There were no exceptional circumstances to justify departure from fixed costs. The parties' intentions or conduct did not alter the costs consequences prescribed by the rules.

Citation
[2019] EWHC B7 (Costs)
Parties
Claimant: Claire Hammond; Defendant: SIG plc & Subsidiary Companie
Jurisdiction
England and Wales
Judgment Date
11 June 2019
Procedural Posture
Personal Injury Costs Assessment / Post Settlement Costs Determination Following Acceptance of Part 36 Offer
Outcome
Claimant's recoverable costs limited to fixed costs under CPR 45 Section IIIA.
Legal Topics
Fixed Recoverable Costs, CPR 45 Section IIIA, Part 36 Offers, Pre Action Protocols, Portal Claims, Exceptional Circumstances Under CPR 45.29 J
Civil Procedure Personal Injury Fixed Recoverable Costs CPR 45 Section IIIA Part 36 Offers Pre Action Protocols Portal Claims Exceptional Circumstances Under CPR 45.29 J

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Parties

Claire Hammond

Claimant

SIG plc & Subsidiary Companie

Defendant

Procedural Posture

Personal Injury Costs Assessment / Post Settlement Costs Determination Following Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether the claimant's recoverable costs are limited to fixed costs under CPR 45 Section IIIA or recoverable on the standard basis after acceptance of a Part 36 offer in a personal injury claim that entered the Portal but settled above the Protocol limit.
  2. 2 Whether the case is exceptional within the meaning of CPR 45.29J so as to justify departure from fixed costs.

Ratio Decidendi

The claim started under the Protocol when the CNF was submitted, and having exited the Protocol, fixed costs under CPR 45 Section IIIA apply. There were no exceptional circumstances to justify departure from fixed costs. The parties' intentions or conduct did not alter the costs consequences prescribed by the rules.

Court Disposition

Claimant's recoverable costs limited to fixed costs under CPR 45 Section IIIA.

Orders

  • Claimant's costs to be assessed on the basis of fixed recoverable costs as per CPR 45 Section IIIA.