From Fixed to Fair? The Costs Implications Of Multi-Track Allocation In RTA Claims

Our personal injury solicitor Shabina Bird considers the interaction of the CPR between fixed costs regime and Multi-track allocation of claims following late acceptance of a Part 36 offer as per the Court of Appeal Judgment in Laura Attersley v UK Insurance Limited {2025} EWHC 884 (KB).

Procedural Background

The Claimant suffered personal injuries following a Road traffic accident. Her claim initially commenced via the RTA Protocol (pre-October 2023). The RTA Protocol is governed by the Fixed costs regime. The Claim subsequently exited the RTA Protocol as liability was initially disputed.

The Claimant issued Part 7 Court proceedings in February 2021 claiming up to £150,000 in damages. The Defendant served a Defence in March 2021 accompanied by a Part 36 offer in the sum of £45,000, this was long before the claim was allocated to a track.

The Court allocated the matter to the Multi-Track in January 2022, and a Hearing was listed for August 2022. The Defendant applied to amend their Defence to plead Fundamental dishonesty. The Claimant accepted the Defendant’s Part 36 offer in July 2022, a month before the hearing.

The Judge sitting in the County Court at Southend on 26 September 2023 held that the Claimant was subject to fixed costs applicable to the stage at which the relevant period for acceptance of the Part 36 offer expired.

The Claimant successfully appealed this Judgment in 2025.

Issues considered in the Appeal

The question for the court was whether the Claimant was entitled to assessed costs up to the date of the expiry of the relevant period or was her claim restricted to fixed costs?

The Claimant’s argued that Part 36.20 (which was in force at the time) did not and cannot apply since the case was formally allocated to the multi-track and therefore it disapplied the fixed costs regime (as per Qader v Esure [2017] 1 WLR 1924) therefore Section IIIA of Part 45 (which was in force at the time) cannot apply either.

The Defendant on the other hand, relied on rule 36.20 in that the Claimant was only entitled to fixed costs because at the time the relevant period expired, the case had not yet been allocated to the multi-track.

Interplay between Part 45 and Part 36

CPR 45.29 A and B (under Section IIIA Part 45) concerned cases that have exited the RTA Protocol would be subject to fixed costs (45.29A) unless the case is allocated to the Multi- track (45.29B). It therefore follows that on allocation to the multi-track costs are to be assessed in accordance with Part 44 and are not fixed.

CPR 36.20 set out the costs consequences of acceptance of a Part 36 offer where Section IIIA of Part 45 applied. (It was calculated by reference to table 6B, 6C or 6D in force at the time).

CPR 36.20 is therefore contingent on Section IIIA of Part 45. As such, if Section IIIA of Part 45 does not apply, CPR 36.20 does not and cannot apply.

Decision

The Court of Appeal held that where an ex-Protocol case was allocated to the multi-track, the fixed costs regime is automatically disapplied retrospectively, entitling the Claimant to standard basis costs (in accordance with Part 44) up to the offer’s expiry date pursuant to CPR 36.13. Therefore, CPR 36.20 did not apply at the moment when the Part 36 offer was accepted. The Judge emphasised this was the intention behind Qader.

Conclusion

The Judgment provides certainty where a case is allocated to the multi-track, the costs implications must apply retrospectively even if a Part 36 offer was made pre-allocation and accepted late after allocation.

Our experienced personal injury team is at the forefront of legal developments impacting claimant rights and access to justice. We closely follow key costs decisions like Attersley v UK Insurance to ensure our clients benefit from the most up-to-date and strategic advice. If you’re navigating a dispute involving fixed costs or Part 36 offers, get in touch with our specialist team on 0330 822 3451 or request a callback. 

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References

• Laura Attersley v UK Insurance Limited {2025} EWHC 884 (KB)
• Qader v Esure [2017] 1 WLR 1924
• Part 45 Fixed Costs ( PART 45 – FIXED COSTS – Justice UK)
• Part 36 – PART 36 – OFFERS TO SETTLE – Civil Procedure Rules

Current rules to note:

• Rule 45.15 – Outlines the costs consequences where rules 36.23 or 36.24 apply.
• Rule 45.44 – Fixed costs in the Fast track for as long as claim is not allocated to the Small, Intermediate or Multi-track.
• Rule 45.50 – Fixed costs in the Intermediate track for as long as claim is not allocated to multi-track.
• For Multi-Track see Rule 36.13 (2) and (3) “Except where the recoverable costs are fixed by these Rules, costs under paragraphs (1) and (2) are to be assessed on the standard basis if the amount of costs is not agreed.”
• For other Tracks see Rules 36.23 and 36.24 – only where Sections VI, VII, or VIII of Part 45 Apply (Fast, Intermediate and Noise induced hearing loss claims).