FOIL Update – Wickes

Update

22nd Jan 2020

Appeals, Costs, CPR & Courts, CPR 52.19, Employers laibility, Employers' Liability, Fixed costs, Part 45, QOCS

  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

A District Judge had assessed the claimant’s damages and costs at Stage 3 of a claim brought under Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims, notwithstanding that the claimant had adduced fresh evidence for the hearing. The claimant appealed on the grounds that the District Judge had made a procedural error in allowing the claim to continue under the Protocol and a Circuit Judge allowed the appeal, holding that the District Judge ought to have dismissed the proceedings under the Protocol, leaving the claimant to start fresh proceedings under CPR Part 7. The defendant then successfully appealed the Circuit Judge's decision to the Court of Appeal. It held that the Circuit Judge had been wrong to conclude that the District Judge should have dismissed proceedings under the Protocol and it reinstated the order made by the District Judge.

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