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Low Value Personal Injury Protocol - Late settlement costs

In the case of Bates v Bourne (Liverpool County Court, Regional Costs Judge Baldwin, 27th February 2017) the issue was whether a Claimant is entitled to late settlement costs (£300) where an offer is made by the Defendant outside of the consideration period but where the Claimant hasn’t engaged in negotiations. It would appear the judge on this occasion took the “rules is rules” approach and awarded the applicable fixed costs of £300. This follows a line of authorities (also mentioned within the judgment) where the courts have not been willing to set exceptions to the fixed costs regimes for fear of creating a tidal wave of satellite litigation.

Please click here to see the full Judgment.

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Simon Browne QC | Temple Garden chambers