Court of Appeal considers pre-action disclosure costs where claim started and discontinued under the EL/PL Protocol

The short point considered by the Court of Appeal in this case was whether the fixed costs regime for claims which start, but are then discontinued, under the EL/PL Protocol applies to pre-action disclosure ("PAD") in connection with the claim. Different district judges have adopted different approaches to this issue. The Court of Appeal's conclusion was that: "the fixed costs regime plainly applies to the costs of a PAD application made by a claimant who is pursuing a claim for damages for personal injuries which began with the issue of a CNF in the Portal pursuant to the EL/PL Protocol but which, at the time of the PAD application, is no longer continuing under that Protocol ". That is because the fixed costs regime is intended to be clear, with expressly stated exceptions set out, and hence no implied exceptions should be allowed.