Williams v Secretary of State for Business Energy and Industrial Strategy [2018] EWCA Civ 852

Pre-action protocols: Falling in between the portals

James Bentley examines a case where fixed costs did not apply when a cyclist was injured due to a defective road ‘Someone who is injured as a result of driving into a defect in the road denotes an accident that “arises out of” the use of the vehicle. There was a clear nexus between the …

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Costs: All roads lead to Rome

Although the route may be different, the amount of costs awarded may be similar under the Protocol or the court’s general discretion under CPR 44.3, as Paul Jones explains ‘There is no reason why a judge assessing costs could not assess a reasonable sum as a sum equivalent to fixed costs, but this is different …

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