In this second article on infant settlement costs, Lisa Wright considers the effect of the new fixed costs regime under CPR 45.27 to 45.40
The fixed costs that apply to infant settlements where the road traffic accident has occurred on or after 30 April 2010 are applicable to all personal injury cases up to the £10,000 limit. In assessing the value of the claim, certain pecuniary losses, eg vehicle-related damages, are excluded (see para 4.3 Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the protocol) located in Vol 1 CPR C13A-001). The protocol, and therefore the fixed costs regime, does not apply where the claimant is a protected party or in other limited circumstances (see para 4.4 of the protocol). The pre- and post-litigation process forms three distinct stages. Stages 1 and 2 are provided for in the protocol and stage 3 under PD 8B.
Stages 1 and 2
Stage 1 requires the claimant to forward a
