Qader & Ors v Esure Services Ltd & Ors  EWCA Civ 1109
Key areas: Part 45; RTA; Court of Appeal
This was a ruling on costs issues arising from the RTA Portal.
The two sets of proceedings were claims for personal injuries resulting from a RTA. The claims started under the RTA Portal but was then allocated to the Multi-track.
In both cases, the Defendant denied liability and alleged fraud. As a result, both claims left the Portal.
The Court of Appeal held that, based upon the history of the schemes, the Portal was only intended to apply to Fast-track cases. It did this by reading in the phrase “… and for so long as the claim is not allocated to the multi-track…” in CPR 45.29B.
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