Javed v British Telecommunications Plc

Javed v British Telecommunications Plc

The Claimant acted unreasonably in issuing proceedings prematurely, in breach of the pre-action protocols, and the court has discretion to limit recoverable costs to fixed recoverable costs. In this case, the court limits the Claimant’s costs to the amount that would have been payable under Section II of Part 45 of the CPR, without a line by line assessment.

Parties
Claimant: Simira Javed; Defendant: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
25 August 2011
Procedural Posture
Costs Assessment Following Settlement of Personal Injury Claim / Detailed Assessment of Costs
Outcome
Claimant’s recoverable costs limited to fixed recoverable costs under Section II of Part 45 of the CPR.
Legal Topics
Premature Issue of Proceedings, Fixed Recoverable Costs, Pre Action Protocols, Detailed Assessment of Costs
Civil Procedure Costs Premature Issue of Proceedings Fixed Recoverable Costs Pre Action Protocols Detailed Assessment of Costs

Case Brief

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Parties

Simira Javed

Claimant

British Telecommunications PLC

Defendant

Procedural Posture

Costs Assessment Following Settlement of Personal Injury Claim / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the Claimant acted unreasonably in issuing proceedings
  2. 2 Whether the court can limit the Claimant’s costs to fixed recoverable costs
  3. 3 Whether the court should limit the costs to fixed recoverable costs

Ratio Decidendi

The Claimant acted unreasonably in issuing proceedings prematurely, in breach of the pre-action protocols, and the court has discretion to limit recoverable costs to fixed recoverable costs. In this case, the court limits the Claimant’s costs to the amount that would have been payable under Section II of Part 45 of the CPR, without a line by line assessment.

Court Disposition

Claimant’s recoverable costs limited to fixed recoverable costs under Section II of Part 45 of the CPR.

Orders

  • Claimant’s costs assessed at the amount payable under fixed recoverable costs regime.