The Issues: Mr Parker (the claimant) appealed against the dismissal of his claim for personal injury arising from a road traffic accident and lost this appeal in May 2016. The Defendant then sought an order for his costs of the appeal, assessed at £2,795.21.

The original claim had the benefit of Qualified One Way Costs Shifting (QOWCS) and the costs order from that claim could not be enforced without permission of the Court as per CPR 44.14. The issue here was whether QOWCS protection would extend to cover an appeal or if the appeal would be subject to the ordinary costs rules.

To make this decision Mr Justice Edis considered CPR 44.13 which provides:

          “(1) This section applies to proceedings which include a claim for damages –

1. For personal injuries
    

And he stated that the main issues to be considered where:

1. Are appeals part of the original proceedings or are they classed as separate proceedings?
2. If appeals are a separate set of proceedings, would this appeal still be considered as a claim for damages for personal injuries?