- Claim unsuitable for the portal nevertheless subject to fixed costs in CPR 45 Section IIIA (Hammond v SIG)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This analysis examines the costs consequences of a personal injury claim which was always reasonably valued at more than the upper financial limit applicable to the Pre-Action Protocol for Low Value Personal Injury Claims but which was nevertheless uploaded to the applicable Portal after a letter of claim had been sent to the defendant. Did the protocol and consequential fixed costs still apply, when is a claim ‘started’ for the purpose of the protocol and how does acceptance of a Part 36 offer impact the costs recovery? Written by Jon Lord, associate at Weightmans LLP.
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