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Qader & Ors v Esure Services Ltd & Ors [2016] 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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