TAYLOR ROSE TTKW WINS PAD INTERIM APPLICATION FIXED COSTS APPEALS
Taylor Rose TTKW wins conjoined appeals on the costs of a pre-action disclosure application in a claim that has exited the RTA or EL/PL Protocol - interim application fixed costs in CPR 45.29H do apply.
Her Honour Judge Belcher gave judgment in the appeals in Mills v Farmfoods and Salter v Muller UK & Ireland on 27 November 2015. The district judges at first instance had both held that interim application costs did not apply to pre-action disclosure applications. They had allowed costs to the claimant on the standard basis, having decided to reverse the normal order that the applicant pays. Both claims had started under the EL/PL Protocol. The judge reversed their decisions. The claims had started under the protocols and exited, so CPR Section IIIA must govern the costs to be allowed. If the costs were not interim application costs, there were no other costs to allow. The claimants were allowed half the type A fixed costs and court fees for succeeding on the applications. The defendants were allowed half the Type B fixed costs, because the applications only went to hearing over the costs issues. The claimants had to pay the defendant's costs of the appeals.
A transcript of the judgment is on order. We understand at present that the claimants will not pursue an application for a second appeal, but are doing so in a similar case that was decided on slightly different points.
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