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An Interesting Fixed Costs Case - Anna Macey, Kings Chambers

23/06/17. (Prescott -v- THE TRUSTEES OF THE PENCARROW 2012 MAINTENANCE FUND Defendant).

On the 27 October 2015, the claimant Logan Prescott, a minor, was a passenger in a car being driven by his mother. The car collided with a tree that fell on to the highway. The tree was owned by The Trustees of the Pencarrow 2012 Maintenance Fund, the defendants. The claim was settled for £1000, which was approved at an infant approval hearing on 7th October 2016.

It was common ground that whilst the claimant was injured as a passenger in a motor vehicle on the highway, the claim was not governed by the RTA protocol, which excludes injuries caused by a breach of duty owed to a road user by a person who is not themselves a road user (para 4.5 of the RTA Protocol).

The issue for DJ Richards to determine at Plymouth CC on 12 June 2017 was whether costs should be awarded on the standard basis as the claimant contended, or whether the case fell within the fixed costs regime for EL/PL protocol cases, as the defendant argued. The answer to this in turn depended on whether the claimants case, clearly a public liability claim, fell within the ambit of the EL/PL protocols...

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