Q&As

For an RTA in Guernsey where insurers have admitted liability, despite the claim falling outside of the low value RTA protocol, would this be subject to fixed recoverable costs or subject to assessed costs?

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Published on LexisPSL on 16/01/2017

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • For an RTA in Guernsey where insurers have admitted liability, despite the claim falling outside of the low value RTA protocol, would this be subject to fixed recoverable costs or subject to assessed costs?
  • Applicable law
  • Fixed costs

Applicable law

It is not clear where the claimant is domiciled, however we assume for the purposes of this Q&A that the claimant is domiciled in the UK.

We refer you to Practice Notes: Road traffic accidents in the EU—jurisdiction and applicable law and Road traffic accidents in the EU—general principles which set out, in general terms, the principles applied to determination of these fundamental issues in European accident cases, while the second Practice Note: Road traffic accidents in the EU—general principles focusses on the application of rules more specific to road accident cases.

As explained in Practice Note: Road traffic accidents in the EU—jurisdiction and applicable law:

'As will be set out below, the first step to addressing both questions is the identification of the correct defendant. Often, this will seem a straightforward matter, such as where the injured pass

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