Low Value Protocol Claims – Should Fixed Costs Or QOCS Apply To Appeals?

Author:Mr David Williams and Peter Allchorne
Profession:DAC Beachcroft LLP
 
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Where personal injury claims are pursued within the Low Value Protocols and the first instance claim is subject to fixed costs, what costs should be allowed in relation to an appeal against the decision of the Court? Are the costs of the appeal subject to qualified one-way costs shifting? The Court of Appeal considered these questions in its recent judgment in Wickes Building Supplies Limited v Blair, the judgment in which was handed down on 21 January 2020.

The substantive issues in this case related to the impact of the late service of documents on claims proceeding to Stage 3 hearing in the Low Value Protocols.

Whilst Rule 52.19 of the Civil Procedure Rules 1998 gives an appeal Court the discretion to limit the recoverable costs of the appeal in any proceedings in which costs recovery is normally limited or excluded at first instance, through providing that discretion the appeal Court is not compelled to limit the costs.

In this case, taking into account the point of practice raised in the appeal and the importance of this case for other Low Value Protocol claims, together with the...

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