SWIFT V CARPENTER [2020] EWCA CIV 165

Protective Costs Orders | The Principles

The appellant in this appeal was denied a Protective Costs Order (PCO) on grounds that despite the outcome being of “wider interest to future litigants in a similar position, insurers and the legal profession” the appellant herself had “an overwhelming private interest in the outcome of the appeal”.

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Court of Appeal: Fixed Costs Do Not Apply To Appeals But QOCS Does

The Court of Appeal determined the following costs issues following a successful second appeal:

(1) Do the rules governing fixed costs in CPR r.45.17 to 19 apply to the costs of the appeal?

(2) If not, does CPR r.52.19 apply?
(3) If CPR r.52.19 does apply, what order for costs should we make?

(4) Does the Qualified One-Way Costs Shifting regime in CPR Part 44 apply to the costs of the appeal so as to limit the extent to which any order may be enforced against the respondent?