PI Brief Update

Double Recovery: Costs In Part IIIA of CPR45 Where There Are Two Or More Claimants - Nicholas Dobbs, Temple Garden Chambers

21/04/22. In Melloy v UK Insurance Ltd (Portsmouth County Court, Case Number 011LR422, 25 February 2022) an issue arose at the conclusion of the trial as to whether two claimants in proceedings for damages that fall within Part IIIA of CPR 45 were separately entitled to the costs set out in Table 6B. His Honour Judge Glen determined that where there are two or more claimants in proceedings for damages that fall within Part IIIA of CPR45, each such claimant (assuming that they have each submitted a CNF) is separately entitled to the costs set out in Table 6B.

The Claimants were passengers in a motor vehicle when it was struck from behind by another vehicle driven by the Defendant’s insured. They suffered modest ‘whiplash’ type injuries. A Claim Notification Form for each Claimant was sent to the Defendant in accordance with the provisions of The Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol). The Defendant denied liability and the Claimants issued a Part 7 claim for damages, the outcome of which was an award of general and special damages for both.

At the conclusion of the trial, it was contended on behalf of the Claimants that the costs order must contain a separate award under Section C of Table 6B to CPR45 in respect of each Claimant. The Defendant conceded that a separate award can be made respect of the additional 20% of the damages awarded, but that otherwise only a single award can be made. The Defendant argued that to award two sets of fixed costs would result in a windfall to the Claimants’ solicitors out of all proportion to the actual additional work involved.

However, it was observed that the essence of any fixed costs regime is that there will be “swings and roundabouts” and the outcome cannot inform the construction, except in the most exceptional case. The expressions ‘claim’ and ‘claimant’ had an autonomous meaning for the purposes of Part IIIA of CPR45, referring to the claim started by, and the claimant who submitted, the CNF and not to the claim or claimant in the proceedings. Adopting that interpretation, each claimant was separately entitled to the costs set out in Table 6B.

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