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This is a Title 02 This is placeholder text. To change this content, double-click on the element and click Change Content. This is placeholder text. To change this content, double-click on the element and click Change Content. Want to view and manage all your collections? Click on the Content Manager button in the Add panel on the left. Here, you can make changes to your content, add new fields, create dynamic pages and more. You can create as many collections as you need. Your collection is already set up for you with fields and content. Add your own, or import content from a CSV file. Add fields for any type of content you want to display, such as rich text, images, videos and more. You can also collect and store information from your site visitors using input elements like custom forms and fields. Be sure to click Sync after making changes in a collection, so visitors can see your newest content on your live site. Preview your site to check that all your elements are displaying content from the right collection fields. Judgment Go back to Main Index Go back to Topic Index Index Index

This is a Title 01 This is placeholder text. To change this content, double-click on the element and click Change Content. This is placeholder text. To change this content, double-click on the element and click Change Content. Want to view and manage all your collections? Click on the Content Manager button in the Add panel on the left. Here, you can make changes to your content, add new fields, create dynamic pages and more. You can create as many collections as you need. Your collection is already set up for you with fields and content. Add your own, or import content from a CSV file. Add fields for any type of content you want to display, such as rich text, images, videos and more. You can also collect and store information from your site visitors using input elements like custom forms and fields. Be sure to click Sync after making changes in a collection, so visitors can see your newest content on your live site. Preview your site to check that all your elements are displaying content from the right collection fields. Judgment Go back to Main Index Go back to Topic Index Index Index

Asmat Bi v Tesco Underwriting Ltd HHJ Sephton KC, Manchester CC, Aug 2024, claim no K04MA298 Whilst only a first tier hearing, it is useful as a point of reference given the paucity of case law on the October 23 extention 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. Judgment Go back to Main Index Go back to Topic Index Index Index

Item List Asmat Bi v Tesco Underwriting Ltd HHJ Sephton KC, Manchester CC, Aug 2024, claim no K04MA298 Read More This is a Title 02 This is placeholder text. To change this content, double-click on the element and click Change Content. Read More This is a Title 01 This is placeholder text. To change this content, double-click on the element and click Change Content. Read More

< Back Zero Carbon World This is placeholder text. To change this content, double-click on the element and click Change Content. This is placeholder text. To change this content, double-click on the element and click Change Content. Want to view and manage all your collections? Click on the Content Manager button in the Add panel on the left. Here, you can make changes to your content, add new fields, create dynamic pages and more. You can create as many collections as you need. Your collection is already set up for you with fields and content. Add your own, or import content from a CSV file. Add fields for any type of content you want to display, such as rich text, images, videos and more. You can also collect and store information from your site visitors using input elements like custom forms and fields. Be sure to click Sync after making changes in a collection, so visitors can see your newest content on your live site. Preview your site to check that all your elements are displaying content from the right collection fields. Power in Numbers 30 Programs 50 Locations 200 Volunteers Project Gallery Previous Next

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< Back Renewable Energy Program This is placeholder text. To change this content, double-click on the element and click Change Content. This is placeholder text. To change this content, double-click on the element and click Change Content. Want to view and manage all your collections? Click on the Content Manager button in the Add panel on the left. Here, you can make changes to your content, add new fields, create dynamic pages and more. You can create as many collections as you need. Your collection is already set up for you with fields and content. Add your own, or import content from a CSV file. Add fields for any type of content you want to display, such as rich text, images, videos and more. You can also collect and store information from your site visitors using input elements like custom forms and fields. Be sure to click Sync after making changes in a collection, so visitors can see your newest content on your live site. Preview your site to check that all your elements are displaying content from the right collection fields. Power in Numbers 30 Programs 50 Locations 200 Volunteers Project Gallery Previous Next

Legal Articles by Sarah Robson Barrister Fixed Costs Specialist Including the new Precdent U for download, and the SCCO Guide 2023 as well as further details on Bobby Prior v Silverline International Ltd, HHJ Wood QC. 8th July 2015. Sarah Robson Barrister Fixed Costs Specialist Call now on 0800 634 9650 Legal Articles* * This website is intended to provide general guidance only. It does not give legal or professional and is not to be used in providing the same. Whilst all efforts have been made to ensure that the information is accurate, any liability including that arising in is excluded to the fullest extent lawfully permitted for any loss or damage howsoever arising from the use of this information. precedent-u (2) Precedent U Precedent U has been updated for assessement of fixed costs under the new regime. Download version 2 it here. Premature Issue Article on the case of Bobby Prior v Silverline International Ltd, HHJ Wood QC, Liverpool CC, 8th July 2015 now available. Claimant issue proceedings after 21 days in accordance with the letter of the personal injury pre-action protocol. However, there was no compliance with the spirit of the protocol. The Claimant was reduced to pre-issue costs by the Designated Circuit Judge of Liverpool. Click here for article including copy of the judgment. Legal Humour A light-heartedly look at the law and legal profession. (Submissions for inclusion here gratefully received.) A poor solicitor can cause a trial to be delayed for months. A good solicitor can cause a trial to be delayed for years. Caveat : No lawyers were harmed during the construction of this site. When a person assists a criminal they are aiding and abetting. When a person assists a criminal we call them a defence lawyer. The pupil barrister carefully warned his client not to lie when giving evidence. He asked if his client appreciated what could happen if he did not tell the truth in court. "We'll probably win" his client replied. Why did the lawyer cross the road? To sue the chicken. What's the difference between a good lawyer and a great lawyer? A good lawyer knows the law, a great lawyer knows the judge. Never mind the dog - Beware of the dog's lawyer. When does a claim start? Sarah has again successfully argued a claim does not start for the purposes of Part 7 until the court issues the claim. A claim which settles before the court has issued it only attracts predictive costs, per CPR 7.2, PD 7A 5.1 and CPR 44.12A (c), even if the papers have been sent to the court. SCCO Guide 2023 The latest SCCO guide is now out. Click here for a copy. What is the nature of a Provisional Assessment Oral Review? Is an Oral Review just a review, a rehearing, or is it more like an appeal where parties are limited to what they raised in the Provisional Assessment hearing? Cook on Costs has one line stating the court will hear issues 'afresh'. Dr Mark Friston confirms the same view in Friston on Costs 3rd Edition. HHJ Wood QC, the DCJ at Liverpool has considered this on appeal twice and has concluded that new evidence can be admitted on oral review. Download copies of the judgments here in the cases of: Ion v Ahmed , and Mehmi v Pincher. However, more recently he has reversed himself, finding that you cannot adduce new evidence at Oral Review. Keeps us on our toes, I suppose! Provisional Assessment Oral Review In order to recover the costs of an oral review of a Provisional assessment, CPR 47.15(10) requires the applicant to obtain an adjustment in its own favour by 20% or more of the sum provisionally assessed. Is that just the items reviewed or 20% of the whole bill? This issue was considered by Master O'Hare in Keah M B O'Reilly v H R Richmond Ltd, SCCO, 16.09.14. The court confirmed it was 20% of the whole bill, not just the part(s) being reviewed. The court was also invited to use its discretion under CPR 47.15(1)(b) because of the adjustment of more than 20% achieved on the items reviewed, but declined to do so. Click here for an approved note of the judgment. Miscellaneous Expenses A lot of fuss and bother over nothing? Ghattaorya v Bailey LTLPI 05/10/2009 My case of Ghattaorya v Bailey on miscellaneous expenses is years old, yet it still attracts vast numbers of hits on my site. One cannot its importance when Part 36 offers are close, and thousands of pounds in costs can turn on whether this is allowed or disallowed. Do not ignore miscellaneous expenses! Claimant solicitors plead ‘miscellaneous’ expenses as an almost mandatory ‘add-on.’ This is to cover the cost of subsidiary expenses which have been incurred because of the litigation. Whilst it is that you cannot recover stress and anguish incurred because of litigation, the miscellaneous claim seems to have slipped through the net as a legitimate expense. This head of deserves closer inspection: The miscellaneous claim is for telephone calls, postage and stationary - travel is usually claimed for separately. Miscellaneous claims in your average fast track case typically range from about £10 to £50.There may have been the cost of posting an initial form reporting the incident to the insurer or solicitor, perhaps with a covering letter. However, many insurance companies take a claim over the phone now, rather than requiring the completion of a form, or provide a pre-paid envelope. The postage, therefore, is probably no more than one or two stamps. The cost of stationery – well everything is done by email now. Many insurance companies and solicitors firms provide free-phone numbers or call numbers, e.g. 0845. Most mobile phone packages now include unlimited phone calls. Put the claimant to proof and a judge will laugh at you, as there are hardly ever any receipts for these sorts of expenses. Cross-examine, and you risk the wrath of the judge and a stop being placed on cross-examination thus deemed ‘unnecessary’. Most sensible Counsel (with sensible instructions) will get their heads together before trial and some compromise figure. In this case, the judge dismissed the entire head of claim for miscellaneous expenses, noting that claiming for miscellaneous expenses was ‘a bad habit claimant solicitors had got into’. That principle was approved by HHJ Harrington in Harwood v Kapek (2010) LTLPI 21/7/2010 citing the failure to correctly plead the losses under this head as the reason for not allowing a miscellaneous claim, Ghattaorya v Bailey approved. There are a few (easier to spell) other cases on miscellaneous expenses, but Ghattaorya v Bailey is the most well known and often referred to. Click here for a copy of the judgment.

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) 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 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.

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