Williams v The Secretary of State for Business, Energy & Industrial Strategy

Williams v The Secretary of State for Business, Energy & Industrial Strategy

Where a claim should have been brought under the EL/PL Protocol but was not, and the non-use was unreasonable, CPR Part 44 conduct provisions allow the court to restrict costs to the fixed costs and disbursements permitted by the Protocol, but CPR 45.24 does not apply absent Part 7 proceedings and judgment.

Parties
Claimant/respondent: Williams; Defendant/appellant: The Secretary of State for Business, Energy & Industrial Strategy
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Civil Appeal / Appeal From Chesterfield County Court to Court of Appeal
Outcome
Appeal allowed in part; appeal on first ground dismissed, appeal on second ground allowed.
Legal Topics
Costs, Pre Action Protocols, Fixed Costs, Noise Induced Hearing Loss, Employers’ Liability
Civil Procedure Personal Injury Costs Pre Action Protocols Fixed Costs Noise Induced Hearing Loss Employers’ Liability

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Parties

Williams

Claimant/respondent

The Secretary of State for Business, Energy & Industrial Strategy

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chesterfield County Court to Court of Appeal

Legal Issues

  1. 1 Whether fixed costs regime under EL/PL Protocol applies when claim settled pre-proceedings
  2. 2 Whether CPR Part 45.24 applies absent Part 7 proceedings and judgment
  3. 3 Whether CPR Part 44 conduct provisions can restrict costs to fixed costs

Ratio Decidendi

Where a claim should have been brought under the EL/PL Protocol but was not, and the non-use was unreasonable, CPR Part 44 conduct provisions allow the court to restrict costs to the fixed costs and disbursements permitted by the Protocol, but CPR 45.24 does not apply absent Part 7 proceedings and judgment.

Court Disposition

Appeal allowed in part; appeal on first ground dismissed, appeal on second ground allowed.

Orders

  • Matter remitted to district judge for provisional assessment of costs under CPR Part 44; claimant will usually be entitled to recover only fixed costs and disbursements permitted by the Protocol.