Further Court of Appeal decision on fixed costs

Qadar v Esure Services Ltd [2016] EWCA Civ 1109

Counsel: For the appellants in the first action and the respondent in the second action: Nicholas Bacon QCFor the respondent in the first action: Tim Horlock QC, Paul HigginsFor the appellants in the second action: Roger MallalieuFor the first intervener in both actions: Robert Weir QC, Jasmine MurphyFor the second intervener: No appearance or representationSolicitors: For the appellants in the first action and the respondent in the second action: Nesbit Law GroupFor the respondent in the first action: Horwich FarrellyFor the appellants in the second action: DWF LLPFor the first intervener in both actions: Simpson Millar LLP

The Court of Appeal has held that the intention behind the fixed costs regime for cases which had started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents was that it should not apply to cases when there had been a judicial decision that they should continue under the multi-track. The best way to correct that mistake and give effect to that intention was to add the phrase to CPR r45.29B “… and for so long as the claim is not allocated to the multi-track …”.