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Mazur Run & Gun is the answer to the Mazur problem. Get away from it al! Run - and very fast! Armed only with deadly mince pies, you'll have to move fast to dodge the bullets sent at the unqualified, however supervised you may be. If you're not careful, you could end up floating away, and let's face it, no-one wants that! Mazur, like you've never seen it before! Mazur's Run & Gun Christmas Game Mazur has had us all on the run, but can you outrun them? Armed only with deadly mince pies, your job is to chase the baddies away before they get to you, or even blow you away! What is Mazur's Run & Gun? For years you've been conducting litigation under supervision. But no more, it seems everyone is out to get you. You can no longer do this. However, all is not lost! You might be able to outrun and outgun the baddies! Run away as fast as you can, and use your deadly mince pie gun to shoot others out of the way. But watch out, the occasional train will randomly fly off the tracks - so be quick! Play here Coming Soon! How to Play Controls A - Left D - Right W - Up S - Down Or use the arrow buttons: < - Left > - Right /\ - Up v - Down Space bar - shoot your deadly mince pie! Search the site here: Mazur Run & Gun does not work on mobile phones. It is designed to give my clients a few minutes reprieve when working hard at their desks. So next time you're at your PC or Laptop, come back and play the Mazur game. Meanwhile, just so you don't miss out entirely, have a go at this Christmas Match game. Nothing to do with Mazur! :) When you're done, why not browse through the fixed costs cases on here - see the Index or use the search function to see if there's a case or two you can use. I am particularly keen to get any judgments on the new Oct 23+ expanded fixed costs, so if you get any - reported or not - please do send them to me! Thank you.

Soft Tissue Injury Claims in the MOJ Portal. Case law on para 7.8B of the MOJ RTA Portal Protocol concerning disclosure of multiple reports where the case is a soft tissue injury claim. Soft Tissue Injuries Claims Mason v Laing HHJ Gosnell, Bradford CC, 20.01.20 The Portal rules are strict; if in a soft tissue injury claim the first report is not disclosed before subsequent ones, a Claimant cannot rely on the subsequent reports. Greyson v Fuller [2022] EWHC 211 (QB) The High Court held that where the reports were served together, the sanction was costs, not the admissibility of the report. Moesaid v Calder DDJ Kube, Manchester CC, 27th August 2021 Where a subsequent report took the claim out of the definition of soft tissue injury claim, it did not matter when the reports were disclosed, the special rules on soft tissue injuries did not apply. Abdulmalik v Calder DJ Carter, Manchester CC, 2nd Feb 2022 There was no requirement for the first report to be disclosed before the second report was obtained, only disclosed. However, compliance with the order of disclosure required did not mean that the cost of the report would automatically be allowed - the court could still disallow it for other reasons. The time to consider whether the claim was a soft tissue injury claim was when the second report was being disclosed. Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Sarah Robson gathers together case law on how courts have dealt with individual heads of loss which have been agreed within the MOJ Portal Process, showing the difference made when the claim is in the portal, leaves the portal or what stage the claim is at Individual Heads of Loss in the MOJ Portals Bewicke-Copley v Ibeh DJ Vincent, Oxford CC, 4th Jun 2015 (Agreed individual heads of loss are binding) Bushell v Parry HHJ Gregory, Liverpool CC, 15th March 2015 (First Tier Appeal - Agreed individual heads of loss are not binding) Maddocks v Lyn e HHJ Wood QC, Chester CC, 22nd January 2016 (First Tier Appeal - Agreed individual heads of loss are normally binding, entire Portal settlements are binding) Phillips v Willis [2016] EWCA Civ 401 (Irrational for judge to order case out of Portal, individual heads of loss can be agreed) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Case law on SIIIA CPR 45 costs, cases which have started in the MOJ Portal but then left. Old SIIIA CPR 45x Fixed costs on leaving the Portal Cases which leave the portals are still subject to the old fixed costs regime under SIIIA of CPR 45x. An x is used after CPR 45 following the convention in the White Book to denote these are the old rules albeit they are still in force for some claims. Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (When a Part 36 offer is made before a claim is allocated to the multi-track, but accepted after allocation, the effect of the allocation is retrospective and thus open costs apply) Melloy & Anor v UK Insurance Ltd [2002] EW Misc 4 (CC) (Where there is more than one claimant in a SIIIA claim, each party is entitled to a set of SIIIA fixed costs) West v Burton [2021] EWCA Civ 1005 (SIIIA costs do not apply where the claimant dies whilst the claim is in the Portal) Coleman v Townsend Master Haworth, SCCO, 13.07.20 (What disbursements can be allowed post-Cham in SIIIA cases) Hislop v Perde; Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726 (No indemnity costs on late acceptance of a Part 36 where SIIIA applies) Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94 (SIIIA Indemnity costs are hourly rate not fixed) Qader v Esure Services Ltd [2016] EWCA Civ 1109 (Exception to SIIIA costs where allocated to multi-track) Sharp v Leeds City Council [2017] EWCA Civ 33 (SIIIA fixed costs for interim applications apply even for Pre-Action Disclosure applications) Bird v Acorn [2016] EWCA Civ 1096 (Re stage of fixed costs) Singh v Ajaz HHJ Denyer QC, Bristol CC, 27th Sept 2016 (A claim which partly settles in the Portal and then leaves is subject to SIIIA fixed costs in all cases, even small claims) Chapman v Tameside Hospital NHS Foundation Trust DJ Swindley, Bolton County Court, 15th Jun 2016 (A court has the power to vary quantum of fixed SIIIA costs for conduct) Petit v MIB v 5 Ors DJ Pollard, Brighton CC, 15.02.17 (Where claim not properly started in the Portal, SIIIA costs did not follow) Cham (by their Litigation Friend, Laura Martin) v Aldred [2019] EWCA Civ 1780 (Deals with disbursements under SIIIA) Santiago v MIB [2023] EWCA Civ 838 (Interpreter's fees are recoverable under SIIIA) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Cases which discuss where CPR 45.24 can be applied, including the key point established, a short summary of the case and a copy of the full judgment. When CPR 45x.24 (now CPR 45.35) can be applied Brown v Ezeugwa HHJ Simpkiss (Designated Circuit Judge) with DJ Lethem (Regional Costs Judge) as assessor Tunbridge Wells CC, 23rd Jan 2014 (First Tier Appeal - Fixed costs can be awarded on assessment; not limited to when order for costs made/agreed) Davies v Greenway Master Simmons, SCCO, 30th October 2013 (Appeal to SCCO - Fixed costs can be awarded on assessment and 'standard basis' does not exclude fixed costs) Williams v Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 (CPR 45.24 could not be used, but the court could get to the same result otherwise) Timothy Taylor & 27 Ors v ZStage (UK) Ltd Real China Restaurant DJ Griffith, Birmingham CC, 3rd September 2019 (Following total non-use of the Portal, an agreement by way of Tomlin Order to settle damages counted as a judgment for the purposes of CPR 45.24, and the court ordered the Defendant to pay no more than portal costs under CPR 45.24(2)(c)) The Claimant indicated they were going to appeal, but ultimately did not do so Patel v Fortis Recorder Morgan, Leicester CC, 5th Dec 2011 (The court held that CPR 45.24 applied to restrict the Claimant to no more than Portal costs where they had left the Portal unreasonably.) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Miscellaneous fixed costs cases including Montreal Convention claims, Portal Interim payments, Offers of zero and how to treat cases where a range of prognosis is given. Miscellaneous cases Offer of Zero is a Valid Offer Dickinson v Langford Birkenhead CC, 14th Feb 2013 Piotr Glazer v Nathan Reid DDJ Johnson, Liverpool CC, 2nd Mar 2012 Range of Prognosis Period given Dominic v Martin HHJ Stewart QC, Manchester CC, 21st Jul 2011 (First Portal appeal, established that should award in middle where range of prognosis given in absence of witness evidenc e) Interim Payments Luvin v Ageas Insurance Ltd DJ Doyle, Birkenhead CC, 17th Sept 2015 (Sets out the rules and procedure on interim payments) Ampratwum v Zbigniew Samajeden & Esure Birkenhead CC, 5th Jun 2013 (special rules on interim payments for vehicle related damages - judgment not available) Montreal Convention Claims Mead v British Airways PLC DJ Moss, Manchester County Court, 15th Jan 2018 (The Portal does not apply to Montreal Convention Claims) McKendry v Br itish Airways PLC DJ Baldwin (sitting as Regional Costs Judge) Liverpool County Court, 16th May 2018 (The Portal does not apply to Montreal Convention Claims) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Other cases by Sarah Robson Barrister - including McNiven v Walsh on premature issue, Harwood v Kapek on miscellaneous expenses, Alrahi v Ellis on breach of the PI pre-action protocol, Ghattaorya v Bailey on miscellaneous expenses, Pathak v Collins on premature issue, R on hte Application of Newham LBC v Stratford Magistrates' Court [2008] EWHC 125 (Admin) [2008] All ER (D) 17 (Jan) [2008] RA 108, 173 JP 2008, Jamil v Harling on pleading unsupported head of loss, Smith v Irving on prem issue Other Reported Cases In addition to many cases reported on the All England Law Reports, Bailii, Current Law, Kemp & Kemp and Lawtel, Sarah has the following reported cases: Please see 'Index Portal & Fixed costs Cases' for details of Fixed Costs cases McNiven v Walsh (2011) LTLPI 26/1/2012 Sarah successfully argued premature issue and breach of the personal injury pre-action protocol/practice direction on pre-action conduct in this non- MOJ Portal disposal case. The claimant served a medical report pre-issue detailing one set of injuries/loss of amenity, but shortly before trial served a witness statement extending some of the symptoms, an extending the loss of amenity, thereby putting the defendant's part 36 offer at risk. In a reserved judgment, the judge held this was a clear breach of the personal injury pre-action protocol as well as not in compliance with the Practice Direction on pre-action conduct. He found that this was premature issue because the claimant's solicitors had not taken adequate instructions pre-issue, and they had not provided the defendant with sufficient information to enable the defendant to make a protective offer. The claimant was restricted to predictive costs and was ordered to pay all the defendant's costs. Harwood v Kapek (2010) LTLPI 21/7/2010 Sarah was defending in this personal injury disposal case in front of HHJ Harrington. C sought to recover £50 miscellaneous expenses. However, the court accepted Sarah's submissions that the claim for miscellaneous expenses should be disallowed in its entirety, confirming the lower judge's decision on this point in Ghattaorya v Bailey (below). The judge added that it was 'only common sense that sums should be particularised and that as the round figures referred to in the witness statements were fairly general, such an award should not be made.' This is an important decision for defendants - particularly when defending close part 36 offers, as reducing special damages can be the key to success. Instructed by Judith Hartley (now Judith Hall) of Ashton Morton Slack (now Horwich Farrelly LLP Sheffield.) Alrahi v Ellis (2009) LTLPI 04/06/2010 Sarah was defending in this personal injury disposal case. Whilst the defendant had beaten their pre-issue part 36 offer, she also argued the claimant should not get all their predictive costs because of their failure to follow the pre-action protocol. (Pre-issue, the claimant had only made 2 highly unrealistic offers which was not ‘negotiation’ as required by the protocol, further C had failed to supply evidence in support of some of the specials. Jamil v Harling (2007) LTLPI 18/3/2008 considered.) The judge agreed and reduced the claimant's costs to 2/3rds of the profit costs allowable under the predictive fees regime, plus the medical disbursements. The defendant was also awarded interest on their costs at 8%. This decision shows that where there is a breach of the pre-action protocol, the judge has a wide range of cost sanctions available even where a defendant has beaten their offer and the starting position in practice is for C to get predictive costs. Instructed by Graham Isaacs of Berrymans Lace Mawer LLP Manchester (now of Hill Dickinson LLP.) Ghattaorya v Bailey (2009) LTLPI 05/10/2009 Sarah was again defending in this personal injury disposal case. The claimant claimed for a 24 - 38 month neck and lumbar spine whiplash injury, with a 2 years travel anxiety. However, the court found the evidence of the claimant to be extremely unsatisfactory. The court awarded for a 6-months neck injury, disallowing the claim for the lumbar spine and all specials relating to the lumbar spine. The court also disallowed the claim for miscellaneous expenses in its entirety, noting that the cost of telephone calls was relatively low nowadays. The judge commented that claiming for miscellaneous expenses was a bad habit claimant solicitors had got into. Instructed by Patrick McCarthy of Horwich Farrelly Solicitors, Manchester. Pathak v Collins Stafford County Court LTLPI 27/3/2009 In a personal injury disposal case, Sarah successfully argued that the winning claimant should not be entitled to any costs. The claimant suffered a 4 month cervical spine whiplash injury. Prior to the issue of proceedings, the claimant had made a global Pt 36 offer in the sum of £2,362.35 and the defendant had made a global Pt 36 offer in the sum of £1,900. The defendant beat her offer. Sarah successfully argued that the claimant’s single pre-issue offer was highly unrealistic (approx £2,000 for generals for a bare 4-month whiplash) and therefore the claimant had failed to comply with the pre-action protocol by not entering into any genuine negotiations. She further contended that to further the over-riding objective, the court had to disallow all the claimant’s costs because to allow even predictive costs would give the claimant what they would have received had the protocol been complied with. The judge held that the claimant’s offer was wholly unrealistic and they had not complied with the rules and pre-action protocol wholeheartedly. The claimant could not recover her costs for up to 21 days after D’s offer, which would normally apply, nor even predictive costs, but only the medical report disbursement. This was because of the claimant’s unrealistic stance pre-issue on a bare four-month whiplash and her failure to comply with the protocol. Also, her costs schedule was, on any view, inflated. Yvonne Hazel Painting v University of Oxford (2005) [2005] EWCA Civ 161, Haywood v Haywood (2006) LTLPI 2/6/2006, Smith v Chantelle Irving (2006) LTLPI 26/2/2007, Mark Chatburn v Spicer (2007) LTLPI 19/6/2007 and Jamil v Harling (2007) LTLPI 18/3/2008 considered. Instructed by Graham Isaacs, Berrymans Lace Mawer Solicitors, Manchester (now of Hill Dickinson LLP.) R (on the application of Newham London Borough Council) v Stratford Magistrates' Court [2008] EWHC 125 (Admin), [2008] All ER (D) 17 (Jan) [2008] RA 108, 173 JP 30 2008 On judicial review Sarah successfully argued in the RCJ that the Magistrates’ Court had erred in setting aside liability orders which had been made 2½ - 5½ years earlier. The lower court should have had regard to the principle of finality of litigation; if a defendant's case was a liability order should be set aside and the delay in applying was because he had only very recently learnt of its existence, the court had to investigate how long that notice was. It was insufficient to say it would be in the interests of justice to set aside a liability order. Postscript: The matter was re-listed by the Magistrates. The Magistrates Court found that Mr Dublin had failed to make his application sufficiently promptly from when he had knowledge of the liability orders. Instructed by Robert Taylor, Barclay Taylor Solicitors, London. Jamil v Harling (2007) LTLPI 18/3/2008 Sarah successfully resisted an application by the claimant to accept the defendant’s payment in out of time, whilst still retaining Pt 36 costs protection. Also the claimant advanced a head of claim for which there was no evidence. The judge held the solicitors for the claimant should have come off the record once it became apparent they could not support this head of claim. Sarah successfully argued the claimant should not recover any costs because of their poor conduct. The court ordered the claimant was not entitled to any costs or disbursements, not even up to 21 days before the defendant’s payment in, and the claimant had to pay all the defendant’s costs. Instructed by Philip Dearden, Ashton Morton Slack, Sheffield (Now part of Horwich Farrelly.) Smith v Chantelle Irving (2006) LTLPI 26/2/2007 Sarah successfully argued no costs should be awarded to the successful claimant in a disposal hearing because of the conduct of the claimant’s solicitors. The court held the claimant’s solicitors had grossly over-valued the claim and failed to enter into real negotiations having only made one unrealistic offer before issue. Further, the claimant’s costs were exaggerated and difficult to justify. The court ordered a partner from the claimant’s solicitors to file and serve a witness statement explaining their conduct to the judge. Instructed by Philip Dearden, Ashton Morton Slack, Sheffield (Now part of Horwich Farrelly.) Search the site here:

Case law on using the MOJ Portal Protocols - with the key point, a short summary and a copy of the judgment. Including LB Islington v Bourous [2022] EWCA Civ 1242, Wicks v Blair [2022] EWCA Civ 1242, Akram v Aviva HHJ Jarman QC, Wrexham CC, 29.09.21, Mulholland v Hughes HHJ Freedman, Newcastle CC, 18.09.15, Raja v Day HHJ Gregory, Liverpool CC, 02.03.15 and many other cases. Using the Portals MH Site Maintenance Services Ltd & Markerstudy Insurance Services Ltd v James Watson [2025] EWCA Civ 775 A court has the power to make orders in a Portal claim once Stage 3 Part 8 proceedings have been issued. London Borough of Islington v Bourous, Davis & Yousaf [2022] EWCA Civ 1242 Approved Mulholland v Hughes that a party cannot argue something in Stage 3 not raised in Stage 2, and commented that the White Book note re Phillips v Willis is not accurate. Wickes Building Supplies Ltd v Blair (No.2) Costs [2020] EWCA Civ 17 The Court of Appeal agreed with Sarah Robson that QOCS applied to this second tier appeal, preferring the reasoning of Edis J in Parker v Butler [2016] EWHC 1251 (QB) over that in both Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 and Hawksford Trustees Jersey Ltd v Stella Global UK Ltd and another [2012] EWCA Civ 987. Not to apply QOCS on appeals would deny access to justice. Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 The Court of Appeal considered whether objecting to the claimant's late witness statement, served just a couple of days after the end of Stage 2, was objecting to the claim under para 9.1 of PD 8B. At first instance the court had simply rejected the late statement. At first tier appeal the court found that the defendant was opposing the claim because the evidence was not provided under the relevant protocol. However, the Court of Appeal held the judge at first instance was correct, and quashed the first tier appeal decision. (1) Akram v Aviva Insurance Ltd and (2) Mahmood v Tillott HHJ Jarman QC, Wrexham CC, 29th Sept 2021 (The Claimants in both appeals relied on emails from their solicitors uploaded in Stage 2 at the Stage 3 hearings. The Defendant appealed both arguing no weight should be given to the contents of those emails, and that the information therein could only be provided by way of witness statement. HHJ Jarman QC upheld both lower court decisions finding that this was appropriate in the fairly rough justice of the Portal.) Mulholland v Hughes HHJ Freedman, Newcastle CC, 18th Sept 2015 (First Tier Appeal - Offers in the Portal do not amount to admissions, Claimants have to repay over-payment of damages in non-settlement payment, Arguments at Stage 3 limited by those in Stage 2 pack.) Khan v Alliance Insurance Plc HHJ Gosnell, Leeds CC, 1st Jun 2020 (Judge cannot raise an issue in Stage 3 not raised by the parties in Stage 2; Defendant can only challenge claim in limited way in the Portal.) Mozzano v Riwa DDJ Dawson, Birkenhead CC, 24th April 2012 (Multiple CNFs - how to deal.) Raja v Day & MIB HHJ Gregory, Liverpool CC, 02.03.15 (First Tier Appeal - Default position on finding a Portal breach is fixed costs, burden shifts to Claimant to show why should not apply.) Smith v Owen Birkenhead CC, DJ Campbell, 30th November 2016 (Unreasonable exit for non payment of tiny disbursement.) Liverpool Victoria Insurance Co Ltd v Yavuz & Ors [2017] EWHC 3088 (QB) (6 Dec 2017) (Contempt re completion of CNF.) David Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 (Limitation, Stays and Service of a Portal Claim form.) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Index of Cases to do with all types of Fixed and Portal costs, grouped by topics, with case summaries and link to judgments where available. Including Asmat Bi v Tesco Underwriting Ltd on the October 23 extention to fixed costs Index Fixed Costs Cases List of Topics New Fixed Costs cases from Oct 2023+ Harm, abuse or neglect - Vulnerable exception Soft Tissue Injury Claims Common Law Principles do not apply in Portals Individual Heads of Loss in Portals Pre-Oct 23 SIIIA CPR 45 - Fixed costs on leaving the Portals Part 36 offers and Pre-Oct 23 SIIIA Fixed costs When CPR 45x.24/CPR 45.35 can be applied Leaving the Portals Cannot use Hindsight or Speculation in MOJ Portals Using the Portals Montreal Convention Claims and the Portals Are Portal Admissions binding outside the Portal? Portal Offers outside the Portal Portal Exceptional Circumstances Costs CPR 45x.29J Miscellaneous matters - Interim Payments, Montreal Convention claims, Range of Prognosis, Offer of zero Search the site here: Oct 23+ New Fixed Costs Cases Asmat Bi v Tesco Underwriting Ltd HHJ Sephton KC, Manchester CC, Aug 2024, claim no K04MA298 Whilst only a first tier hearing, Asmat Bi v Tesco Underwriting is useful as a point of reference given the paucity of case law on the October 23 extension to fixed costs. Here the court was considering the incidence of costs in a case where a non-personal injury claim had settled by acceptance of a Part 36 offer without the need for proceedings, and notably before the commencement of the new fixed costs regime. Costs could not be agreed, and so the claimant brought Part 8 proceedings. HHJ Sephton found that the Amendment Rules (SI 572/2023) were procedural in nature, and therefore followed the general convention that they were retrospective in effect. He found the Claimant's entitlement to costs only crystallised after the costs had been assessed, allowed or agreed. Thus the case fell to be decided under the costs rules then rather than at the point of settlement, which was under the extended fixed costs. This case is not without its critics. Clearly the parties contracted for settlement on the basis they would pay the costs applicable at the time of settlement. Clarity from a higher court would be very much appreciated! Judgment Click here for a copy of the judgment Exception for Claims for damages in relation to harm, abuse or neglect of or by children or vulnerable adults Scott v MOJ [2019] EWHC B13 (Costs) (Prisoner was not a vulnerable adult.) Leicester v Cameron HHJ Hedley, Leicester CC, 24.06.21 (Teacher injured by a pupil during a First Aid course) Lawal v London Borough of Southwark Dr Friston, SCCO, 16.12.22 (If the injury had been intentional then the protocol would be disapplied. If it was wholly unintended then Portal would apply.) Johnson v Choice Support [2025] EWHC 1020 (SCCO) Exception did not apply. (C was pushed by E who was vulnerable. The push was not harmful, and E had no intention to harm C, nor had any awareness that the push would harm C.) Soft Tissue Injuries Claims Mason v Laing HHJ Gosnell, Bradford CC, 20th Jan 20 The Portal rules are strict; if in a soft tissue injury claim the first report is not disclosed before subsequent ones, a Claimant cannot rely on the subsequent reports. Greyson v Fuller [2022] EWHC 211 (QB) A claimant failed to disclose a first report before a subsequent report, so were held to be in breach of para 7.8A of the RTA Protocol. However, the judge allowed the claimant Relief from Sanction. On appeal the High Court said the proper sanction was costs, not exclusion of the evidence. Moesaid v Calder DDJ Kube, Manchester CC, 27th Aug 2021 Where a subsequent report took the claim out of the definition of soft tissue injury claim, it did not matter when the reports were disclosed, the special rules on soft tissue injuries did not apply. Abdulmalik v Calder DJ Carter, Manchester CC, 2nd Feb 2022 There was no requirement for the first report to be disclosed before the second report was obtained, only disclosed. However, compliance with the order of disclosure required did not mean that the cost of the report would automatically be allowed - the court could still disallow it for other reasons. The time to consider whether the claim was a soft tissue injury claim was when the second report was being disclosed. Common Law Principles do not apply in the Portal Draper v Newport DJ Baker, Birkenhead CC, 3rd Sept 2014 (Common Law Mistake does not apply in the Portals) Fitton v Ageas DJ Parker, Liverpool CC, 8th Nov 2018 (Common Law Mistake does not apply in the Portals) Harris v Brown HHJ Davey QC, Bradford CC, 18th Jun 2019 (Common Law Mistake does apply in the Portals) Kilby v Brown DJ Peake, Birkenhead CC, 10th Feb 2014 (Waiver & Affirmation do not apply in the Portals) Purcell v McGarry HHJ Gore QC, Liverpool CC, Friday 7th Dec 2012 (First Tier Appeal - Offer and Acceptance does not apply in the Portals) Patel v Fortis Recorder Morgan, Leicester CC, 5th Dec 2011 (Non-Portal CPRs do not apply in the Portals) Individual Heads of Loss Bewicke-Copley v Ibeh DJ Vincent, Oxford CC, 4th Jun 2015 (Agreed individual heads of loss are binding) Bushell v Parry HHJ Gregory, Liverpool CC, 15th March 2015 (First Tier Appeal - Agreed individual heads of loss are not binding) Maddocks v Lyn e HHJ Wood QC, Chester CC, 22nd January 2016 (First Tier Appeal - Agreed individual heads of loss are normally binding, entire Portal settlements are binding) Phillips v Willis [2016] EWCA Civ 401 (Irrational for judge to order case out of Portal, individual heads of loss can be agreed) Old SIIIA CPR 45x Fixed costs on leaving the Portal Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (When a Part 36 offer is made before a claim is allocated to the multi-track, but accepted after allocation, the effect of the allocation is retrospective and thus open costs apply) Melloy & Anor v UK Insurance Ltd [2002] EW Misc 4 (CC) (Where there is more than one claimant in a SIIIA claim, each party is entitled to a set of SIIIA fixed costs) West v Burton [ 2021] EWCA Civ 1005 (SIIIA costs do not apply where the claimant dies whilst the claim is in the Portal) Coleman v Townsend Master Haworth, SCCO, 13th July 2020 (What disbursements can be allowed post- Cham in SIIIA cases) Hislop v Perde: Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726 (No indemnity costs on late acceptance of a Part 36 where SIIIA applies) Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94 (SIIIA Indemnity costs are hourly rate not fixed) Qader v Esure Services Ltd [2016] EWCA Civ 1109 (Exception to SIIIA costs where allocated to multi-track) Sharp v Leeds City Council [2017] EWCA Civ 33 (SIIIA fixed costs for interim applications apply even for Pre-Action Disclosure applications) Bird v Acorn [2016] EWCA Civ 1096 (Re stage of fixed costs) Singh v Ajaz HHJ Denyer QC, Bristol CC, 27th Sept 2016 (A claim which partly settles in the Portal and then leaves is subject to SIIIA fixed costs in all cases, even small claims) Chapman v Tameside Hospital NHS Foundation Trust DJ Swindley, Bolton County Court, 15th Jun 2016 (A court has the power to vary quantum of fixed SIIIA costs for conduct) Petit v MIB & 5 Ors DJ Pollard, Brighton CC, 15th Feb 2017 (Where claim not properly started in the Portal, SIIIA costs did not follow) Cham (by their Litigation Friend Laura Martin) v Aldred [2019] EWCA Civ 1780 (Deals with disbursements under SIIIA) Santiago v MIB [2023] EWCA Civ 838 (Interpreter's fees are recoverable under SIIIA) Part 36 offers & (old) SIIIA Fixed costs Cookson v Manchester City Council HHJ Main QC, Manchester CC, 28.04.17 (Acceptance of a Part 36 offer removes the court's powers under CPR 45.24 to limit the claimant to Portal costs) Ansell v AT&T DDJ Lynch, Slough County Court, 12th June 2017 (first instance) HHJ Clarke, Oxford County Court, 14th December 2017 (on appeal) (Acceptance of a Part 36 offer does not remove the court's powers under CPR 45.24 to limit the claimant to Portal costs) When CPR 45.24 can be applied (now CPR 45.35) Brown v Ezeugwa HHJ Simpkiss (Designated Circuit Judge) with DJ Lethem (Regional Costs Judge) as assessor Tunbridge Wells CC, 23rd January 2014 (First Tier Appeal - Fixed costs can be awarded on assessment; not limited to when order for costs made/agreed) Davies v Greenway Master Simons, SCCO, 30th Oct 2013 (Appeal to SCCO - Fixed costs can be awarded on assessment and standard basis does not exclude fixed costs) Williams v Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 (Where CPR 45.24 could not be used, but the court could get to the same result otherwise) Timothy Taylor & 27 Ors v ZStage (UK) Ltd Real China Restaurant DJ Griffith, Birmingham CC, 3rd Sept 2019 (Following total non-use of the Portal, an agreement by way of Tomlin Order to settle damages counted as a judgment for the purposes of CPR 45.24, and the court ordered the Defendant to pay no more than portal costs under CPR 45.24(2)(c). Sarah Robson for the Defendant, against Roger Mallalieu.) The Claimant indicated they were going to appeal, but ultimately did not do so. Leaving the Portals Patel v Fortis Recorder Morgan, Leicester CC, 5th Dec 2011 (Leaving for technical non-compliance only not reasonable) Modhwadia v Modhwadia DJ Atkinson Leicester CC 25th Jan 2014; reviewed DJ Atkinson 29th Sept 2014; on appeal HHJ Hampton 20th Jan 2015 (First Tier Appeal - Failure to explain reason for offer not fatal) Ilahi v Usman HHJ Platts, Manchester CC, 29th Nov 2012 (First Tier Appeal - CPR 45.24 engaged even when case automatically left, where that departure was caused by an act which the Claimant elected to take) Doyle v Manchester Audi DJ Matharu, Manchester CC, 25th Jun 2013 (Omission to act causing claim to leave Portal was an election to leave) Payne v Scott DDJ Smedley, Birkenhead CC, 13th Jul 2015 (Where judge ordered case out of Portal was still Claimant's election to leave) Uppal v Daudia DDJ Matthews, Leicester CC, 14th May 2012 (No obligation to make offer in Portal, unreasonable to leave for that, D's Costs awarded on indemnity basis following finding that C acted unreasonably) Rafiania v All Type Scaffolding Ltd DDJ Corscadden, Manchester CC, 14th Jan 2015 (No test of reasonableness for total failure to use the Portal) Monteith v Carroll Liverpool CC, 17th October 2012 (Making a pre-med offer did not justify leaving the Portal) Hussain v Wardle Stoke on Trent CC, DJ Rank, 25th Feb 2017 (Claim left Portal after Claimant failed to include mandatory information in the CNF) Bursuc v EUI Ltd DJ Revere, Clerkenwell & Shoreditch CC, 30th May 2018 (Not unreasonable to leave Portal Protocol because became too complex, applications to limit C to Portal costs cannot be made until claim concluded) Cannot use Hindsight or Speculation Raja v Day & MIB HHJ Gregory, Liverpool CC, 02.03.15 (Cannot take into account would have left the Portal anyway) Tennant v Cottrell DJ Jenkinson, Liverpool CC, 11th December 2014 (Cannot change reason for leaving, nor retrospectively justify reason) Dawrant v Part & Parcel Network Ltd HHJ Parker, Liverpool CC, 28th Apr 2016 Sitting with Regional Costs Judge Jenkinson, as Assessor (First Tier Appeal - Cannot use hindsight when a case has left the Portal) Ryan v Hack ett [2020] EWHC 288 (QB) (Could take into account what happens after a claim leaves the Portal when determining costs on the facts of this case) Using the Portals MH Site Maintenance Services Ltd & Markerstudy Insurance Services Ltd v James Watson [2025] EWCA Civ 775 A court has the power to make orders in a Portal claim once Stage 3 Part 8 proceedings have been issued. London Borough of Islington v Bourous, Davis & Yousaf [2022] EWCA Civ 1242 Approved Mulholland v Hughes that a party cannot argue something in Stage 3 not raised in Stage 2, and commented that the White Book note re Phillips v Willis is not accurate. Wickes Building Supplies Ltd v Blair (No.2) Costs [2020] EWCA Civ 17 The Court of Appeal agreed with Sarah Robson that QOCS applied to this second tier appeal, preferring the reasoning of Edis J in Parker v Butler [2016] EWHC 1251 (QB) over that in both Wagenaar v Weekend Travel Ltd [2014] EWCA Civ 1105 and Hawksford Trustees Jersey Ltd v Stella Global UK Ltd and another [2012] EWCA Civ 987. Not to apply QOCS on appeals would deny access to justice. (1) Akram v Aviva Insurance Ltd and (2) Mahmood v Tillott HHJ Jarman QC, Wrexham CC, 29.09.21 The Claimants in both appeals relied on emails from their solicitors uploaded in Stage 2 at the Stage 3 hearings. The Defendant appealed both arguing no weight should be given to the contents of those emails, and that the information therein could only be provided by way of witness statement. HHJ Jarman QC upheld both lower court decisions finding that this was appropriate in the fairly rough justice of the Portal. Mulholland v Hughes HHJ Freedman, Newcastle CC, 18.09.15 First Tier Appeal - Offers in the Portal do not amount to admissions, Claimants have to repay over-payment of damages in non-settlement payment, Arguments at Stage 3 limited by those in Stage 2 pack. Khan v Alliance Insurance Plc HHJ Gosnell, Leeds CC, 01.06.20 Judge cannot raise an issue in Stage 3 not raised by the parties in Stage 2; Defendant can only challenge claim in limited way in the Portal. Mozzano v Riwa DDJ Dawson, Birkenhead CC, 24th April 2012 Multiple CNFs - how to deal. Raja v Day & MIB HHJ Gregory, Liverpool CC, 02.03.15 First Tier Appeal - Default position on finding a Portal breach is fixed costs, burden shifts to Claimant to show why should not apply. Smith v Owen Birkenhead CC, DJ Campbell, 30th Nov 2016 Unreasonable exit for non payment of disbursement. Liverpoo l Victoria Insurance Co Ltd v Yavuz & Ors [2017] EWHC 3088 (QB) (6 Dec 2017) Contempt re completion of CNF. David Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 Limitation, Stays and Service of a Portal Claim form. Portal Offers outside the Portal Purcell v McGarry HHJ Gore QC, Liverpool CC, Friday 7th Dec 2012 Portal offers are open for acceptance in Stage 3 Akinrodoye v Esure DJ Goodchild, Romford CC, 16th Feb 2015 Portal offers are open for acceptance even after Part 7 proceedings issued Ingrid Smith v Greater Manchester Buses South Ltd HHJ Main QC, Manchester CC, 17th Dec 2015 Protocol offers only remain open for acceptance after a claim leaves the Portal. Castle v Andrews & Dickens Ltd DJ Doyle, Birkenhead CC, 21st Nov 2019 (Protocol offers are open for acceptance after a claim leaves the Portal, not Portal offers Are Portal Admissions binding outside the Portal? Ullah v Jon DJ Parker, Croydon CC, 20th Mar 2013 Portal Admissions are binding outside the Portals Malak v Nasim DJ Woods, Watford CC, December 2014 Portal Admissions are not binding outside the Portals Chimel v Chibwana & Williams HHJ Simpkiss, Reigate CC, 31st October 2016 First Tier Appeal - Portal Admission is binding outside the Portal, Ullah and Malak considered, Ullah preferred Maddocks v Lyne HHJ Wood QC, Chester CC, 22nd Jan 2016 First Tier Appeal - Entire Portal settlements are binding Mukadam v Nazir HHJ Khan, Preston CC, 14th May 2020 First Tier Appeal - side note on Portal admission noting was made without driver's instructions did not change effect of admission made by employer's insurers Mullen v Nelson Insurance Co Ltd HHJ Wood QC, Liverpool CC, 2nd Oct 2020 F irst Tier Appeal - Portal admission made by Insurer of Employer was binding on Employee, Chimel followed Exceptional Circumstances Costs - CPR 45.29J Ferri v Gill [2019] EWHC 952 (QB) Considered what the basket of cases was in a CPR 45.29J application, and test was a high bar Jackson v Barfoot Farms DJ Jackson, Canterbury County Court, 29th Nov 2017 Whether agreement to pay costs on the standard basis excluded the award of fixed costs, and non-fixed costs were awarded as the case was exceptional per CPR 45.29J Crompton v Meadowcroft (Costs ) [2021] EW Misc 20 (24 Aug 21) CPR 45.29J Exceptional circumstances costs awarded in case with multiple experts, 13 reports, 11 sets of records, MRI scans, multiple surgeries caused, CBT & Physio needed, Ogden calculations, Smith & Manchester calculation Lloyd v 2 Sisters Poultry Ltd (Costs) [2019] EW Misc (29 Jan 19) Exceptional circumstances costs awarded under CPR 45.29J where C had permanent disability, complex loss of earnings claim/Billet calculation using Ogden tables, extensive specials, very long witness statements Baker v Flynn The lower court awarded exceptional circumstances costs under CPR 45.29J - the fact that liability was in dispute was a major consideration, there were also issues under the Equality Act, use of Ogden tables, pension loss and so forth. Upheld on appeal for same reasons West v Olakanpo [2020] EWHC 3830 (QB) Exceptional circumstances costs awarded at first instance for fundamental dishonesty, overturned on appeal as evidence not tested in cross-examination Miscellaneous cases Offer of Zero is a Valid Offer Dickinson v Langford Birkenhead CC, 14th Feb 2013 Piotr Glazer v Nathan Reid DDJ Johnson, Liverpool CC, 2nd Mar 2012 Range of Prognosis Period given Dominic v Martin HHJ Stewart QC, Manchester CC, 21st Jul 2011 (First Portal appeal, established that should award in middle where range of prognosis given in absence of witness evidence) Interim Payments Luvin v Ageas Insurance Ltd DJ Doyle, Birkenhead CC, 17th Sept 2015 (Sets out the rules and procedure on interim payments) Ampratwum v Zbigniew Samajeden & Esure Birkenhead CC, 5th Jun 2013 (special rules on interim payments for vehicle related damages - judgment not available) Montreal Convention Claims Mead v British Airways PLC DJ Moss, Manchester County Court, 15th Jan 2018 (The Portal does not apply to Montreal Convention Claims) McKendry v Br itish Airways PLC DJ Baldwin (sitting as Regional Costs Judge) Liverpool County Court, 16th May 2018 (The Portal does not apply to Montreal Convention Claims) Submissions gratefully received Sarah Robson is always very happy to receive any cases on matters related to fixed costs to add to her website.

Costs awarded under CPR 45.29J for exceptional circumstances in SIIIA CPR 45 fixed costs. Key Point SIIIA Exceptional Circumstances Costs awarded under CPR 45.29J Lloyd v 2 Sisters Poultry Ltd HHJ Howells, Mold County Court, 29th Jan 2019 This was an appeal in a SIIIA case where the lower court had found exceptional circumstances and awarded costs under CPR 45.29J. On appeal the court considered the swings and roundabouts nature of fixed costs, but found the lower court had correctly weighed all the relevant issues in the balance, and that decision could not be faulted. The claim arose from a personal injury accident at the Claimant's place of employment. Liability was not disputed. Initially the claim began relying on one medical report, but a subsequent report gave a much gloomier picture and indicated the Claimant had a permanent injury and would be disabled within the meaning of the Equality Act 2010. The appeal court noted at [13] that the lower court's attention had been drawn to the extensive work carried out, with the solicitor correspondence running to some 63 pages with little padding, the schedule of special damages alone amounting to over £71,500 which was 27 pages long, a detailed Ogden 7 calculations for future loss of earnings, an alternative Billet approach with a witness statement from the Claimant running to 16 pages dealing in detail with the Claimant's pre-existing medical conditions, current conditions, education, employment, need for care and assistance - all of which was relevant to the future loss of earnings and Ogden/Billet calculations. At [17-18] the court considered Hislop v Perde , and noted how LJ Coulson had 'uncoupled' the link between the causation of increased costs and the award of exceptional circumstances costs there. HHJ Howells noted that the lower court had taken all the relevant factors into account, particularly the permanent disability and the Ogden calculations, but also the value of the claim, and concluded they were appropriate factors for the court to consider made this case exceptional for the test in CPR 45.29J. The appeal was dismissed and the Claimant kept their award of open costs. This case is unusual in that it is one of only two cases (the other being Jackson v Barfoot Farms ) I am aware of where non-fixed costs have been awarded under CPR 45.29J. In both cases, the Claimant suffered significant and permanent injuries. Click here for a copy of the judgment Go back to Main Index Main Index Go back to Topic Index Topic Index

Case law on the Status of Portal Admissions within that claim, within a counter-claim, outside of that claim, brought by employers insurers, etc. Are Portal Admissions binding outside the Portal? Ullah v Jon DJ Parker, Croydon CC, 20th Mar 2013 (Portal Admissions are binding outside the Portals) Malak v Nasim DJ Woods, Watford CC, December 2014 (Portal Admissions are not binding outside the Portals) Chim el v Chibwana & Williams HHJ Simpkiss, Reigate CC, 31st October 2016 (First Tier Appeal - Portal Admission is binding outside the Portal, Ullah and Malak considered, Ullah preferred) Maddocks v Lyne HHJ Wood QC, Chester CC, 22nd Jan 2016 (First Tier Appeal - Entire Portal settlements are binding) Mukadam v Nazir HHJ Khan, Preston CC, 14th May 2020 (First Tier Appeal - side note on Portal admission noting was made without driver's instructions did not change effect of admission made by employer's insurers) Mullen v Nelson Insurance Co Ltd HHJ Wood QC, Liverpool CC, 2nd Oct 2020 (First Tier Appeal - Portal admission made by Insurer of Employer was binding on Employee, Chimel followed) Go Back to Index Click on the button below to go back to the case law index Index Search the site here:

Case law on the status of Portal offers once a claim has left the portal, the difference between a Protocol offer and a Portal offer, withdrawing offers Portal Offers outside the Portal Purcell v McGarry HHJ Gore QC, Liverpool CC, Friday 7th Dec 2012 (Portal offers are open for acceptance in Stage 3) Akinrodoye v Esure DJ Goodchild, Romford CC, 16th Feb 2015 (Portal offers are open for acceptance even after Part 7 proceedings issued) Ingrid Smith v Greater Manchester Buses South Ltd HHJ Main QC, Manchester CC, 17th Dec 2015 (Protocol offers only remain open for acceptance after a claim leaves the Portal) Castle v Andrews & Dickens Ltd DJ Doyle, Birkenhead CC, 21st Nov 2019 (Protocol offers are open for acceptance after a claim leaves the Portal, not Portal offers) Go Back to Index Click on the button below to go back to the case law index Index Search the site here: