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Sarah Robson Barrister
0800 634 9650
The original Black Belt Barrister
email@sarahrobsonbarrister.co.uk
Fixed Costs Specialist
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.
[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
(Where there is more than one claimant in a SIIIA claim, each party is entitled to a set of SIIIA fixed costs)
(SIIIA costs do not apply where the claimant dies whilst the claim is in the Portal)
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
(No indemnity costs on late acceptance of a Part 36 where SIIIA applies)
Broadhurst v Tan; Taylor v Smith
(SIIIA Indemnity costs are hourly rate not fixed)
(Exception to SIIIA costs where allocated to multi-track)
(SIIIA fixed costs for interim applications apply even for Pre-Action Disclosure applications)
(Re stage of fixed costs)
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)
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)
(Interpreter's fees are recoverable under SIIIA)
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