The Court of Appeal yesterday handed down judgment in Qader v Esure & Khan v McGee, an important case in relation to the operation of the fixed costs rules for personal injury cases. The case is also of note for the approach taken by the Court of Appeal to a court’s ability to construe the CPR where they are held not to reflect legislative intention. The Khan case is also important for the Court’s acceptance of the Defendant’s arguments in relation to the operation of the ‘exceptional circumstances’ escape route from fixed costs. Nicholas Bacon QC acted for the successful Claimants in both cases. Roger Mallalieu acted for the Defendant in the Khan case.
