England and Wales Case Law

Muhammad Osama Khan v Aviva Insurance Limited

The District Judge was entitled to make a costs order as the application to transfer to Part 7 at Stage 3 was not provided for in the Protocol or fixed costs regime, and such costs are at large and recoverable in the usual way. The DDJ did not make a costs order under CPR 44.11 for unreasonable conduct, but was correct to make a standard costs order. The Defendant's appeal is dismissed.

Source excerpt

• Jurisdiction for costs orders
• Fixed costs regime
• Abuse of process
• Personal injury claims
• Road traffic accident protocol

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J C and A Solicitors Ltd v Andeen Iqbal & Anor

The Court of Appeal held that the pre-2013 RTA Protocol did not require repayment of Stage 1 fixed costs when a claim stopped after Stage 1.

• Fixed costs
• Road traffic accident protocol
• Costs recovery
• Interpretation of protocols
• Civil-procedure
• Personal-injury

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Phillips v Willis

The Court of Appeal held that a district judge had no power under PD 8B to move a low-value RTA claim out of Part 8 onto Part 7.

• Case management
• Road traffic accident protocol
• Fixed costs
• Small claims track
• Part 7 and part 8 procedure
• Civil-procedure

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Broadhurst & Anor v Tan & Anor

Broadhurst & Anor v Tan & Anor [2016] EWCA Civ 94 (23 February 2016)

The Court of Appeal held that a claimant who beats a Part 36 offer in a Section IIIA fixed-costs case can recover indemnity costs from the end of the relevant period.

• Fixed costs
• Part 36 offers
• Indemnity costs
• Road traffic accident protocol
• Costs assessment
• Part-36-offers

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