Legal Case Studies

MOJ & RTA THE CLAIMS PROCESS STAGE 3



Litigation Process

This is controlled by CPR Part 8 and will continue seamlessly from Pre-Action Protocol stage.

The court proceedings pack will be attached to a claim form along with the value of the claim and dates to avoid.

Parties will be given at least 21 days’ notice of the determination date and an up to date CRU certificate must be supplied at least 5 days before.

The court will give reasoning for any judgment following a written hearing.

If limitation is due to elapse, the claim must be issued under Part 7 with an Order to Stay whilst the claim proceeds through the process.

Litigation Philosophy

A primary aim of the reforms was a reduction in claimants’ solicitors’ fees, but that inevitably leads to pressure on solicitors to exploit any opportunity that might exist to secure an enhanced cost recovery, for example (these all encourage litigation):

Part 36 Offers to Settle - ‘RTA Protocol Offers’

The offer must be set out in the court proceedings pack (sealed) and is deemed to be sent the day after the court proceedings pack.

Generally treated as exclusive of all interest.

Must not be communicated to court until the claim is determined.

Damages awarded: Damages award is less than or equal to the amount of the defendant’s order.

Costs order: Claimant pays defendant’s fixed costs (subject to QOS).

Damages awarded: Damages award is more than the defendants offer but less than the claimants offer.

Costs order: Defendant pays the claimants fixed costs.

Damages awarded: Damages award is equal to or more than the claimants offer.

Costs order: Defendant pays interest on the damages and costs at a rate not exceeding 10% above base rate, plus a 10% enhancement on damages.

Part 36 Costs Provision

Hearing: Paper

Without success fee: £250.00

With success fee: £500.00

Hearing: Oral

Without success fee: £500.00

With success fee: £1000.00

Success fees (where recoverable) fixed at 100% of the costs in relation to stage 3 only.

Costs awards made to the defendant are the same.


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