When do the exceptions in the EL/PL Protocol apply? (Johnson v Choice Support)
PI & Clinical Negligence analysis: This case considered whether the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims applied to a claim brought by the claimant against her employer, arising out of an injury she sustained when she was pushed by an elderly patient. The case ultimately settled for £16,500. The claimant argued that the case was unsuitable for the Protocol because (1) it was reasonably valued in excess of £25,000 and (2) it was a claim which fell under the exception in paragraph 4.3(8), which read ‘this Protocol does not apply to a claim—for damages in relation to harm, abuse or neglect of or by children or vulnerable adults’. The Costs Judge found: (1) It was reasonable for the claimant to value the claim in excess of £25,000; (2) The case did not fall within paragraph 4.3(8) because the action did not constitute ‘harm, abuse or neglect’. The claim was correctly started outside the Protocol and did not attract fixed costs. Written by Daniel Laking, barrister at 39 Essex Chambers, who appeared for the successful claimant.