Q&As

Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.

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Produced in partnership with Daniel Laking of 39 Essex Chambers
Published on LexisPSL on 21/01/2019

The following Dispute Resolution Q&A produced in partnership with Daniel Laking of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.
  • What is the position for claims that have been issued?
  • RTA Protocol (Table 6B)
  • EL/PL Protocol (Table 6C—Employers’ Liability Claims)
  • EL/PL Protocol (Table 6D—Public Liability Claims)
  • Part 36 Offers

Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.

This is a Part 7 claim which is at witness evidence stage. The tables in CPR 45, Section IIIA state that if the claim settles prior to proceedings being issued, and the agreed damages are at least £1,000, the fixed costs in those tables apply.

What is the position for claims that have been issued?

In answering the question, a number of assumptions need to be made. Firstly, it is assumed that this case began (or ought to have begun) as a Ministry of Justice Low-Value Personal Injury case in the Portal. As such, fixed costs would apply. These costs are initially governed by CPR 45, Section III. If a defendant disputes liability, or the case exits the Portal for any other reason, the claimant’s costs are subject to CPR 45, Section IIIA ‘Claims Which No Longer Continue Under the Road Traffic Accidents (RTA) or Employers’ Liability (EL)/Public Liability (PL) Pre-Action Protocols—Fixed Recoverable Costs’. This applies to cases at all times (both before and after they have been issued). The question does not state whether this case was originally a RTA or EL/PL case, so the answer is provided, firstly, on the basis that it is a RTA case, and secondly that it is an

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