LOUISE CONLON v ROYAL SUN ALLIANCE INSURANCE PLC [2015] EWCA Civ 92

The claimant sought costs of her second appeal in a small claim to the Court of Appeal. The Court reasoned that that it cannot make an order for costs on the appeal of a small claim unless the Defendant’s behaviour had been unreasonable or unless it re-allocated the claim to the multi-track pursuant to CPR 26.10. The Court has a power to back-date reallocation for the purposes of costs rules, although the normal rule is that track-specific costs will apply up until the date of re-allocation. The Court of Appeal decided that it could not make an order for costs on the basis of unreasonable conduct (there being none) and that it would not make an order for back-dated reallocation. The reason given was that the application for back-dated reallocation came 4 months after the appeal notice was filed (described as being far too late) and that the Defendant had been entitled to assume that the special costs rule under CPR 27.14 was to apply to the appeal.

March 15, 2015 В· Editorial Team В· Comments Closed
Posted in: Cases