Designated Civil Judge, HHJ Walden-Smith, orders supermarket chain to pay full portal exit costs

Case – Road accident against a large supermarket chain

Following the settlement of a damages claim relating to a road traffic accident, the defendant (one of the nation’s largest supermarket chains) failed to pay the costs our client approached us for and was entitled to.

The company’s lawyers contended that our client ought to be limited to the much lower ‘portal costs’ rather than those payable under CPR45 Section IIIA, which apply when a claim has exited the low value process.

They argued that we had incorrectly submitted a Claims Notification Form (CNF) to the incorrect party.

Outcome – Claimant acted in accordance with RTA protocol

Specialist Costs Barrister Stephen Hines, of CityGate Chambers, successfully argued that the claimant acted in accordance with the RTA protocol by sending the CNF to the defendant’s insurer, and that the MOJ Portal is designed to streamline the process of smaller value claims.

A copy of the judge’s written judgement is available on request.