Qader v Esure: Ex-Protocol Claims Attract Fixed Costs Even on the Multi-Track - Martyn Griffiths, Hardwicke
09/01/16. On 15 October 2015, HHJ Grant sitting in the County Court at Birmingham handed down judgment in Qader & Others v Esure Services Limited [2015] EWHC B18 (TCC) on an appeal concerning the scope of the fixed costs regime that applies to cases commenced under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”). The case has potentially far reaching ramifications and will likely also apply to cases leaving the Employers’ Liability and Public Liability Protocol.
The facts of the case
The accident occurred in October 2013. The three Claimants allege that the Defendant’s driver drove into collision with the rear of their vehicle on a slip road. The Claimants issued their claims with a claim value stated to be “in excess of £5,000 but not in excess of £15,000”. By reason of this valuation the claim was started under the RTA Protocol.
In the Defence it was alleged that the Claimants had deliberately induced the accident by braking suddenly on the slip road which was said to be entirely free from traffic. The claims being pursued by the Claimants were therefore alleged to be fraudulent. In their reply, the Claimants stated that a vehicle in front of them had caused them to brake.
On 30 January 2015, the claim was allocated to the multi-track and a CCMC was listed for 3 June 2015. In the notice of hearing for the CCMC there was a note requiring the parties to...
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