Source: All England Reporter
Publisher Citation: [2016] All ER (D) 92 (Nov)
Neutral Citation: [2016] EWCA Civ 1096
Court: Court of Appeal, Civil Division

Arden, Underhill, Briggs LJJ, sitting with Senior Costs Judge Gordon-Saker as Assessor

Representation Steven Turner (instructed by Taylor Rose TTKW) for the appellant.
  Ben Williams QC and Kevin Latham (instructed by Michael W Halsall Solicitors Ltd) for the respondent.
Judgment Dates: 11 November 2016


Damages - Personal injury - Amount of damages - Appellant being injured while visiting respondent company's garage - Appellant commencing proceedings under Pre-Action Protocol for Low Value Personal Injury (Employer's Liability and Public Liability) Claims - Liability being admitted and assessment of damages taking place - Whether disposal hearing listed for quantification of damages being payable after judgment being 'trial' within meaning of CPR - CPR 45.29E - CPR 26 PD 12.2(1)(a)

The Case

Damages Personal injury. The Court of Appeal, Civil Division, dismissed the appellant's appeal against a finding that the third column of Table 6B of CPR 45.29E, which covered the amount of fixed costs recoverable under the Pre-Action protocol for Low Value Personal Injury (Employer's Liability and Public Liability) claims, was applicable to his case. The court held that a disposal hearing listed for the quantification of damages payable after judgment under CPR 26, PD 12.2(1)(a) was a trial within the meaning of CPR 45.29E(4)(c).

Practice Areas

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