Key Facts
- •Raphael de Lima Santiago, a Brazilian national with poor English, was involved in a road traffic accident.
- •He issued proceedings against the driver and the Motor Insurers' Bureau (MIB).
- •The case settled before trial.
- •The issue is whether the interpreter's fees (£924) are recoverable as a disbursement under CPR 45.29I(h).
- •The Deputy District Judge refused to allow the interpreter's fees, citing Cham (A Child) v Aldred [2023] EWCA Civ 1780.
- •The case is subject to the fixed costs regime in CPR Part 45, Section IIIA.
Legal Principles
In cases where CPR Part 45, Section IIIA applies, the court may allow disbursements as specified in CPR 45.29I.
CPR Part 45, Section IIIA, CPR 45.29I
The overriding objective of the Civil Procedure Rules (CPR) requires the court to deal with cases justly and at proportionate cost, including ensuring parties are on an equal footing and can participate fully in proceedings.
CPR 1.1(2)(a)
Costs should bear a reasonable relationship to any additional work or expense incurred due to a party's vulnerability.
CPR Part 44 (as amended in 2021)
Disbursements are costs, fees, and expenses incurred by or on behalf of a client, distinct from lawyers' fees, which are covered by fixed costs.
CPR Part 45
"Particular feature of the dispute" in CPR 45.29I(h) should be interpreted broadly to encompass expenses required for full participation in proceedings, especially in cases impacting access to justice.
This judgment, interpreting CPR 45.29I(h)
Outcomes
The appeal is allowed.
The court held that the interpreter's fees are recoverable as a disbursement under CPR 45.29I(h). The overriding objective, particularly the amendments emphasizing full participation and equal footing, supports this. The court distinguished this case from Cham v Aldred, emphasizing the difference in access to justice concerns between counsel's opinion on settlement (addressed in Cham) and interpreter fees.