Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

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Published on LexisPSL on 30/08/2019

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

  • What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.
  • Pre-action protocols for low value claims
  • RTA protocol
  • EL/PL protocol

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

Pre-action protocols for low value claims

RTA protocol

The protocol applies to all road traffic accident (RTA) claims where:

  1. the claim includes damages in respect of personal injury

  2. the claimant values the claim at no more than the ‘Protocol upper limit’

  3. if proceedings were started the small claims track would not be the normal track, and

  4. the accident occurred in England or Wales

The ‘Protocol upper limit’ is—

  1. £25,000 where the accident occurred on or after 31 July 2013, or

  2. £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013

on a full liability basis including pecuniary losses but excluding interest.

Para 5.9 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) provides that:

‘Where the claimant reasonably believes that the claim is valued at between £1,000 and the Protocol upper limit, but it subsequently becomes apparent that the value of the claim is less than £1,000, the claimant is entitled to the Stage 1 and (where relevant) the Stage 2 fixed costs.’

The fixed costs allowed under the RTA protocol are:

Where the value
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