Jurisdiction(s):
United Kingdom

Broadhurst v Tan; Taylor v Smith: CPR 36 indemnity costs apply from expiry of the relevant period, overriding Part 45 fixed costs in portal PI claims (England and Wales)

Published on: 04 March 2016

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Original news Broadhurst v Tan; Taylor v Smith [2016] EWCA Civ 94, [2016] All ER (D) 219 (Feb)

The Court of Appeal, Civil Division, determined an issue of construction arising from an apparent clash between the rules that fix costs in most lower value personal injury matters, located in s IIIA of CPR Part 45, and the provisions in CPR Part 36 that specifically govern such claims. It decided that conflict between CPR 45.29B and CPR 36.14A must be settled in favour of CPR 36.14A. What problems did the litigation highlight, and why does it matter? The dispute concerned s IIIA of Part 45, which fixes the solicitors’ costs recoverable in all personal injury cases commenced through the RTA or EL/PL portal. Part 45 states that the only solicitors’ costs to be recovered are those set out in that Part. By contrast, Part 36 provides that, where a claimant makes a successful offer to compromise, costs are to be awarded on the indemnity basis from the offer’s effective date, unless that would be unjust. That rule is expressly preserved for s IIIA matters. Accordingly, the central question was: which regime governs when they collide? This was a significant and important...

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