Qader and others v Esure Services Ltd; Khan and another v McGee [2016] EWCA Civ 1109, [2016] All ER (D) 156 (Nov)
The Court of Appeal in allowing the appeal in the first case and dismissing the appeal in the second case, held that s IIIA of CPR 45 should be read as if the fixed costs regime, which it prescribed for cases which started within the road traffic accidents (RTA) protocol, but then no longer continued under it, was automatically dis-applied in any case allocated to the multi-track, without the requirement for the claimant to have recourse to CPR 5.29J, by demonstrating exceptional circumstances. The court held that the fixed costs regime in s IIIA of CPR 45.29 applied to all cases started under the RTA protocol, but which no longer continued thereunder.
