Where a low value road traffic personal injury claim exits the protocol with a CPR Part 7 claim which is allocated to the multi-track, do fixed recoverable costs apply?
If the exit was for a reason associated with the claimant’s default within CPR 45.24 (for example, acting unreasonably by exiting) then the defendant’s costs liability may be limited to fixed costs and allowable disbursements. Subject to this, while there is a fixed costs regime in place, it only applies to claims for no more than £25,000. Therefore, if the complexion of the claim has changed and it has been allocated to the multi-track on value grounds (over £25,000) then costs will be at large and the usual discretion will apply although an attempt could be made at the costs budgeting stage to limit the costs to fixed costs. If, however, the claim is for under £25,000 but has been allocated to the multi-track because of some complexity or allegation of fraud, we consider it is highly arguable that the fixed costs regime is still capable of applying.
