Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

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Published on LexisPSL on 03/10/2019

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

  • Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

In responding to this Q&A, we have assumed that the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the Protocol) initially applied to the claim.

The Protocol applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013. For further guidance, see Practice Note: The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims.

Para 4.2 of the Protocol states: ‘This Protocol ceases to apply to a claim where, at any stage, the claimant notifies the defendant that the claim has now been revalued at more than the upper limit.’

CPR 36.20 applies where a claim no longer continues under the Protocol pursuant to CPR 45.29A(1). Under CPR 36.20(2), where a Part 36 offer is accepted within the relevant period, the claimant is entitled to the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 for the stage applicable at the date on which notice of acceptance was served on the

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