Costs when a ‘portal’ claimant dies

  • FOIL

This appeal raised an issue as to the fixed costs and disbursements payable under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents ("the Protocol"). The issue was framed as follows: where a person gave notification of a claim under the Protocol but thereafter died before its conclusion and the notified claim then, without legal proceedings being issued, proceeded to settlement between the deceased's personal representative and the defendant's insurers, were the costs and disbursements payable by the defendant to be calculated by reference to Section IIIA (or, as the case may be, Section III) of Part 45 Civil Procedure Rules (CPR)? Or were they to be calculated by reference to Section II of Part 45 of the CPR?


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