Q&As

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 14/01/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?
  • Part 36 and personal injury cases
  • Consequences of acceptance of an offer
  • Consequences following judgment: the defendant’s offer
  • Consequences following judgment: the claimant’s offer
  • Consequences of late acceptance

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?

CPR 45 specifies when fixed costs will apply to a claim. This is dependent on the type of claim and, in relation to fast track claims, the trial costs of the claim.

CPR 45 is arranged as follows:

  1. Section I—fixed costs

  2. Section II—road traffic accidents fixed recoverable costs

  3. Section III—the pre-action protocols for low value PI claims in road traffic accidents (RTA) and low value Personaly Injury (PI) (employers’ liability and public liability) (EL/PL) claims

  4. Section IIIA—claims which no longer continue under the RTA and EL/PL pre-action protocols—fixed recoverable costs and claims to which the pre-action protocol for resolution of package travel claims applies

  5. Section IV—scale costs for claims in the Intellectual Property Enterprise Court

  6. Section V—fixed costs: HM Revenue and Customs

  7. Section VI—Fast track trial costs

  8. Section VII—costs limits in Aarhus Convention claims

Part 36 and personal injury cases

Note that it is only in relation to certain PI cases that CPR 36 itself makes specific provision.

CPR 36.24, Section II sets out the CPR 36 rules in respect of RTA Protocol and EL/PL offers to settle.

CPR 36.20 and 36.21 set out the costs consequences for claims that fall within the fixed costs regime in CPR 45.29A, Section IIIA, which are those claims which are started, but no longer continue, under the

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