EXCEPTIONAL CIRCUMSTANCES OUST FIXED COSTS: £350,000 CASE SHOULD NEVER HAVE BEEN IN THE PORTAL

I am grateful to barrister Sarah Robson for sending me a copy of the decision of District Judge Jackson in Jackson -v- Barfoot Farms (Canterbury County Court 29th November 2017, a copy of which is available here Jackson v Barfoot).  The case was decided some time ago, but is still relevant to issue of costs today.

THE CASE

A personal injury case had originally started in the portal. It exited the portal because it exceeded the upper limit. The action then settled for £350,000 plus costs. The judge was concerned with the issue of whether the case fell within the fixed costs regime under CPR 45.29B.

THE JUDGE’S FINDINGS

The judge found that this case fell within the “exceptional circumstances” exception in CPR 45.29J.

“It is difficult to think of a more clear-cut case of exceptional circumstances, and in the ordinary event these cases, of course, would never have been referred to the portal in the first instance. It was only because of the way in which the matter unfolded that the circumstances arose”.