Court of Appeal rules on limit to Fixed Recoverable Costs scheme in modest value claims

In Qader v Esure the Court of Appeal had to determine whether the Fixed Recoverable Costs scheme, which applies to cases started in the road traffic, EL and PL portals, continues to apply when a case is allocated to the Multi Track. 

Rob Weir QC appearing on behalf of PIBA, the Personal Injuries Bar Association, as intervener, submitted that the Fixed Recoverable Costs scheme was never intended to apply outside of Fast Track cases.   Lord Justice Briggs, giving the only reasoned judgment, agreed.   Once the case is allocated to the Multi Track, the ordinary rules on costs apply.  This means that where, for instance, a £12,000 claim is allocated to the Multi Track because the defendant alleges fraud, barristers attending at trial will not be limited to a trial advocacy fee of £1070 and instead can seek a regular fee for what may be a 2 day trial.  The Court of Appeal also held that the ‘exceptional circumstances’ provision at CPR 45.29J can only be applied at the end of the case.

Rob Weir QC was instructed by Simpson Millar on behalf of PIBA.

For full judgment click here

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