Trinity Barrister in Significant Claimant Personal Injury Costs Case
Following Alex’s representations, Middlesbrough County Court found that fixed costs do not apply where a person starts a claim under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents portal but subsequently dies.
In the case, following his death, the Claimant’s personal representatives issued Part 7 proceedings. At the hearing it was determined that costs should be assessed under the fixed-costs regime for the period up to death, however after that, on the standard basis. The death meant that the case was excluded from the Personal Injury Portal due to the provisions of Paragraph 4.5 of the Road Traffic Accident Portal.
The case has wider implications given the absence of any other authorities on the issue, including in relation to Paragraph 4.3 of the Employers Liability/Public Liability Portal. The case is reported on Westlaw and a full analysis can be found on Kerry Underwood’s Costs blog.