In our health and safety update issued on 8 November, we referred to the new pre-action protocol (PAP) applicable to low value employer and public liability claims arising from accidents occurring on or after 1 April 2013. At that time, the schedule of fixed costs had not been published but we anticipated these would be substantially less than the sums typically claimed by Claimants' solicitors.
Our prediction proved to be the case when the Ministry of Justice unveiled its proposals yesterday. Claimants' solicitors will now be able to recover costs of £900 for such cases up to £10,000 and £1,600 for those worth up to £25,000. The new costs are likely to come into force next April when the Road Traffic Accident Portal is extended. The Government has launched a consultation on the new figures which will be open until 4 January.