Qader & ors v Esure Services Ltd & ors [2016] EWCA Civ 1109

Pre-action protocols: Falling in between the portals

James Bentley examines a case where fixed costs did not apply when a cyclist was injured due to a defective road ‘Someone who is injured as a result of driving into a defect in the road denotes an accident that “arises out of” the use of the vehicle. There was a clear nexus between the …

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Costs: How it all started

Paul Jones reviews a case which illustrates that commencing notification of a claim correctly has a bearing on the costs recovered ‘Regarding the claimant’s submission that the claim was never intended to be a Portal claim, the Master held that the claimant had, in fact, made it a Portal claim by submitting a claims notification …

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Costs: Truly exceptional

Paul Jones outlines when a claim can escape the fixed costs regime ‘The key issue to be addressed was whether the Master had applied the correct legal test in determining whether the case should attract greater than fixed costs.’ The perennial argument in many current costs disputes is whether a case should attract fixed costs …

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