Q&As

What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000?

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Published on LexisPSL on 01/12/2015

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

  • What costs am I entitled to claim for a post-July 2013 RTA matter where, under the MoJ portal, damages will exceed £25000?
  • A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
  • B. If proceedings are issued under Part 7, but the case settles before trial
  • C. If the claim is disposed of at trial
  • D. Trial advocacy fees

We refer you to Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards and the link to the protocol therein. Specifically, we refer you to paragraph 4.3 of the protocol which 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 Protocol upper limit.

In addition, see paragraph 7.76 which states:

Where the claimant gives notice to the defendant that the claim is unsuitable for this Protocol (for example, because there are complex issues of fact or law in relation to the vehicle related damages) then the claim will no longer continue under this Protocol. However, where the court considers that the claimant acted unreasonably in giving such notice it will award no more than the fixed costs in rule 45.18.

Practice Note: Fixed costs in road traffic accident claims sets out the usual costs entitlement if a claim no longer proceeds under the protocol. The only costs allowed are prescribed disbursements (CPR 45.29I) and fixed costs as set out in CPR 45.29C.

A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7

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