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?

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 road traffic accident claims—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

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