Thursday 13 October 2022
By Appellant’s Notice filed on 6 December 2021, Mr Achille (“C”) appeals against the Order dated 18 November 2021 of HHJ Kelly, sitting in the Birmingham County Court, by which she dismissed C’s appeal and made no order as to costs on the appeal.
Factual background: Mixed claim. C brought a mixed claims against the Defendant (D) including claims for personal injury and other claims unconnected with personal injury.
The claim for PI was struck out by the District Judge. The DJ concluded that the exception in CPR 44.15(1)(a) applied and that C had lost the protection of the QOCS regime so that C could enforce the costs order in its favour to the full extent.
PTA was granted to the High Court on grounds that proceedings in r.44.15(a) could mean the entire proceedings, not mererly that part concerned with the PI claim.
HHJ Kelly upheld the DJ’s decision.