Q&As

What costs apply when an infant claim drops out of the road traffic accident portal and the matter is issued in order for the court to approve the settlement? Will these types of claim be classed as pre-issue or issued? If they are classed as issued under Table 6B, what category would it fall under?

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Published on LexisPSL on 15/10/2020

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

  • What costs apply when an infant claim drops out of the road traffic accident portal and the matter is issued in order for the court to approve the settlement? Will these types of claim be classed as pre-issue or issued? If they are classed as issued under Table 6B, what category would it fall under?

What costs apply when an infant claim drops out of the road traffic accident portal and the matter is issued in order for the court to approve the settlement? Will these types of claim be classed as pre-issue or issued? If they are classed as issued under Table 6B, what category would it fall under?

The costs of claims which started within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) are fixed. The purpose of the RTA Protocol is to increase the speed of decision making by imposing fixed response times and fixed costs on parties. For further guidance on when the RTA Protocol will apply, see Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards.

For child claims, whether settled at Stage 2 or proceeding to an assessment of damages at Stage 3, the process is essentially the same as for any infant approval hearing. For further information, see Practice Note: Motor claims in the Portal—a practical guide (Stage 2 onwards).

When the claimant is a child there is an additional requirement for

the court to approve any settlement agreed between the parties. Accordingly, the fixed costs allowed under the RTA Protocol are adjusted for child claimants depending upon which stage the claim settled.

There are specific costs rules for claims by children, depending on whether the claim was settled at Stage 2 or 3 of the RTA Protocol (see ). For further guidance, see Practice Note: Fixed costs in road traffic accident claims, in particular section: 'Children' and Commentary: 7 Success fee pursuant to a CFA at a glance: Butterworths Personal Injury Litigation Service [378].

Where the Claim Notification Form was submitted on or after 31 July 2013 but the claim exits the RTA Protocol and is allocated to the fast track, then a new fixed cost regime applies. Unlike portal costs, the fixed costs are calculated as a fixed sum plus a sum equal to a percentage of the damages agreed or awarded. See Practice Note: Fixed costs in road traffic accident claims and Commentary: Fixed recoverable costs in the fast track: APIL Personal Injury (1) [19].

Table 6B applies where a claim no longer continues under the RTA Protocol or the Stage 3 procedure in

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