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PI Brief Update

Fixed Recoverable Costs Can Apply to Multi-Track Cases - Judy Dawson, Park Square Barristers

22/11/15. The new fixed recoverable costs regime has been widely trumpeted as being exclusive to the fast track, indeed many Defendant insurance practitioners have been wary of pleading fraud, in case it results in a move to the multi-track and therefore an increase in costs. An important appeal judgment by HHJ Grant on 15th October 2015 in Qader & Others v Esure Services Limited has partially removed that threat. A discussion of the law and the results of this case by Judy Dawson of the Park Square Barristers RTA Fraud Team.

Fixed Recoverable Costs

CPR 45.29A;

(1) Subject to paragraph (3), this section applies where a claim is started under—

(a) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or

(b)the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’),

but no longer continues under...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.