The Choice of RTA or EL/PL Protocol - Matthew Hoe, Jaggards & Taylor Rose Law
13/12/13. Some claims fulfil the legal definitions of more than one type of liability. In the past, that has been merely a curiosity. But when, as now, particular protocols and costs regimes are applied to particular types of claims, classification becomes important. When a claim fulfils the claim type definitions in both the RTA and EL/PL Protocols, under which protocol should a claimant bring his claim? And will there be much of a fuss if a mistake is made?
That is a question affecting the recoverable costs most of all. Hitherto, such classification arguments have centred on whether costs should be limited to the ‘predictable costs’ provided by CPR 45 Section II. The definition of ‘road traffic accident’ in that Section is broad and has captured accidents far more varied than bumps between vehicles. The new protocols could lead to a new round of similar arguments.
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