TAYLOR ROSE TTKW WINS APPEAL ON CPR 45.24
On 28 April 2016, His Honour Judge Parker sitting with Regional Costs Judge Jenkinson gave judgment on appeal in Dawrant v Part & Parcel Network.
The appeal concerned whether the deputy district judge had been wrong not to restrict the claimant to RTA Protocol costs under the power in CPR 45.24. She had found that the claimant had failed to send a CNF to the correct insurer. The defendant complained on appeal that it was wrong to look beyond the circumstances as they were at the time the breach occurred.
The judge said on appeal that the lower court's conclusion was 'clear speculation using the benefit of hindsight and the deputy district judge was clearly asking herself the question, ‘would it have made any difference if the claimant had complied with the protocol and served a claim notification form on the defendant’s insurer,’ and arriving at the answer no. She did not think that that would have made any difference and that was, in my judgment, dangerous speculation and she was wrong so to do.'
As there was no challenge to the judge's finding that there had been a breach of teh RTA Protocol and there was no explanation for the breach, and in view of the overriding objective, the appeal was allowed. The claimant was limited to RTA Protocol costs.
The judgment shows that arguments concerning what happened after the breach are irrelevant to the decision about restricting a party to fixed costs.
TAKE A LOOK AT