Fixed costs regime applies to pre-action disclosure applications in cases that have fallen out of the portal (Court of Appeal)

In Sharp v Leeds City Council [2017] EWCA Civ 33, the Court of Appeal considered whether the fixed costs regime in section IIIA of CPR 45 applies to the costs of an application (under section 52 of the County Courts Act 1984) for pre-action disclosure in the context of claims which started, but no longer continue, under the EL/PL Protocol.