Standard costs v Portal costs (Ferguson v Royal Borough of Greenwich)
PI & Clinical Negligence analysis: This was a successful appeal by the claimant against a decision limiting costs to fixed ‘Portal’ costs. The claimant was successful at a fast track trial in which liability, causation and quantum were in dispute. The claimant was awarded significantly below the upper fast track limit (£25,000). His claim had been started by way of letter of claim due to anticipated value. At first instance, the judge found this assessment unreasonable and consequently that the claim should have commenced on the Portal. The judge continued to find that he was therefore required by CPR 45.24 to restrict the claimant to Portal costs pursuant to CPR 45.18 and 45.19. On appeal, the court found that the judge was wrong to apply CPR 45.24, in principle and without exercising his discretion. The costs ought to have been assessed on the standard basis but limited to fixed costs assessed under Section IIIA in the exercise of discretion. Written by Jennifer Dickinson, barrister at Cobden House Chambers.