“If a claimant wishes to benefit from the provisions of paragraph 7.13 to 7.22 (and by doing so be paid an interim payment), he or she must obtain a stay under paragraph 7.12. This, to my mind, is the natural reading of the Protocol. It is also entirely understandable why the drafters of the Protocol would wish to restrict a claimant’s ability to seek interim payments under paragraphs 7.13 and 7.18 to certain defined circumstances (namely, those that are set out in paragraph 7.12)…. it must follow that the Claimant wrongly exited the Portal.”
In this landmark decision the Court of Appeal took a trawl through the relevant provisions of the fixed costs regime in CPR 45 in order to determine whether and in what circumstances Counsel’s fee for an advice on settlement might be recoverable in addition to the fixed recoverable costs provided for under CPR 45.29C and Table 6B.