Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 (20 April 2018)

Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 (20 April 2018)

CPR 45.24 does not apply to pre-action settlements without Part 7 proceedings and judgment; however, under CPR Part 44, where a claimant unreasonably fails to use the EL/PL Protocol, the court may restrict recovery to fixed costs and disbursements as would have been allowed under the Protocol.

Citation
[2018] EWCA Civ 852
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 dismissed on the first ground, allowed on the second ground.
Legal Topics
Pre Action Protocols, Fixed Costs, Personal Injury, Noise Induced Hearing Loss, Conduct in Costs Assessment
Civil Procedure Costs Pre Action Protocols Fixed Costs Personal Injury Noise Induced Hearing Loss Conduct in Costs Assessment

Case Brief

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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 under the EL/PL Protocol apply when a claim is settled pre-action without using the Protocol
  2. 2 Whether CPR 45.24 applies absent Part 7 proceedings and judgment
  3. 3 Whether CPR Part 44 conduct provisions allow restriction to fixed costs for unreasonable failure to use the Protocol

Ratio Decidendi

CPR 45.24 does not apply to pre-action settlements without Part 7 proceedings and judgment; however, under CPR Part 44, where a claimant unreasonably fails to use the EL/PL Protocol, the court may restrict recovery to fixed costs and disbursements as would have been allowed under the Protocol.

Court Disposition

Appeal dismissed on the first ground, allowed on the second ground.

Orders

  • Matter remitted for provisional assessment of costs, with direction that the claimant will usually be limited to fixed costs and disbursements under the Protocol due to unreasonable failure to use it.