“…CPR 45.29J (termed a “safety valve” by Briggs LJ in Qader v Esure Services Ltd [2016] EWCA Civ 1109, [2017] 1 WLR 1924, at paragraph 59) allows sums in excess of fixed costs to be recovered in exceptional circumstances. It provides:…”
“…istory of the fixed costs regime is set out in detail at paragraphs 44 – 50 of the judgment of Briggs LJ (as he then was) in Qader and Ors v Esure Services Ltd [2016] EWCA Civ 1109; [2017] 1 WLR 1924, and it is unnecessary to repeat it here. A limited regime for fixed recoverable costs arising out of RTA claims was originally introduced i…”
“…s policy, and that the rule should be re-written with that in mind, Mr Hutton QC relied on the decision of this court in Qader & Ors v Esure Services Ltd & Ors [2016] EWCA Civ 1109; [2017] 1 WLR 1924. There, “an obvious drafting mistake” by the CPRC meant that, contrary to the recommendation of Sir Rupert Jackson and the unqualified endor…”