Q&As

If a claim was originally started under the Employers Liability/Public Liability pre-action protocol but subsequently dropped out before it was allocated to a track, what costs and disbursements are recoverable where the claim settles for an amount above £25,000? Are only fixed costs and prescribed disbursements recoverable?

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Published on LexisPSL on 18/12/2017

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

  • If a claim was originally started under the Employers Liability/Public Liability pre-action protocol but subsequently dropped out before it was allocated to a track, what costs and disbursements are recoverable where the claim settles for an amount above £25,000? Are only fixed costs and prescribed disbursements recoverable?

In Qader v Esure Services Ltd, Grant J found that the fixed costs regime applied to a claim removed from the protocol and pursued as a fast track matter.

At para [2] of the judgment in the Qader case, Grant J stated:

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