Kerry Underwood

FIXED COSTS FOR HOLIDAY SICKNESS CLAIMS

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You can now book onto my Fixed Costs Autumn Tour and there is an early bird discount if booked and paid by 31 July 2017 – here.

On 9 July 2017 the government announced that it had asked the Civil Procedure Rules Committee to include foreign holiday sickness claims within the Fixed Recoverable Costs Scheme, to bring them in line with domestic claims.

Currently both the portals are restricted to personal injury cases where the accident or injury occurred in England and Wales.

Paragraph 4.3 of the Employers’ Liability and Public Liability portal does not apply to a claim:

“(7) For personal injury arising from an accident or alleged breach of duty occurring outside England and Wales.”

Only claims which have been, or should have been, in one of the portals can currently be the subject of Fixed Recoverable Costs.

Lord Justice Jackson’s report on fixed costs, due out later this month, is expected to recommend the widespread extension of fixed costs to most civil claims valued between £25,000.00 and £100,000.00.

Such claims would not have been in the portals, which currently have an upper limit of £25,000.00.

The fact that the government has taken this action now suggests that a change will be made sooner than the extensive changes expected to come in together on 1 October 2018.

It is possible that foreign holiday sickness claims will be subject to fixed costs as early as this October, that is 2017.

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Written by kerryunderwood

July 13, 2017 at 10:52 am

Posted in Uncategorized

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