Fixed costs in employer liability and public liability claims
Fixed costs in employer liability and public liability claims

The following Personal Injury guidance note provides comprehensive and up to date legal information covering:

  • Fixed costs in employer liability and public liability claims
  • Pre-action protocol for low value personal injury (employers' liability and public liability) claims
  • Fixed costs for claims which no longer continue under the EL/PL pre-action protocol
  • Employer’s liability claims
  • Public liability claims

Pre-action protocol for low value personal injury (employers' liability and public liability) claims

The protocol applies to all claims where:

  1. either the case is an employers' liability claim or a public liability claim (not a disease claim) where the claim arises from an accident occurring after 31 July 2013 or in a disease claim, no letter of claim has been sent to the defendant before 31 July 2013

  2. which include damages in respect of personal injury

  3. the claimant values the claim at not more than £25,000 on a full liability basis (including pecuniary losses but excluding interest)—'the upper limit'

  4. if proceedings were started, the small claims track would not be the normal track for the claim

See Practice Note: The pre-action protocol for low value personal injury (employers' liability and public liability) claims.

Fixed costs

The only costs allowed are:

  1. fixed costs and

  2. prescribed disbursements

  3. if the case settles after the Court Proceedings Pack has been sent to the defendant but before Stage 3 proceedings are issue and the case settles for more than the defendant's protocol offer then the fixed costs recovered by the claimant will include an amount equivalent to the Stage 3 Type A fixed costs

The fixed costs allowed under the EL/ PL protocol are:

Stage 1 fixed costs—£1000–£10,000