The Court of Appeal has delivered a positive costs judgment for personal injury solicitors in small value cases.

In Anthony Mitchell (Executor of the estate of Kenneth Morris) v Burton [2021] EWCA Civ 1005, solicitors for Mr Morris (deceased) notified the road accident claim in the MOJ portal. No admission of liability was made and soon afterwards Mr Morris died of an unrelated cause.



The claim was settled without an admission of liability when a part 36 offer in the sum of £1,375 plus costs was accepted. A dispute then arose about whether fixed costs under CPR 45 applied and part 8 proceedings were commenced.

Upholding the lower court decision of HHJ Wood at Liverpool County Court, Sir Nigel confirmed the lower court decision that personal representatives were excluded from the Protocol. At the outset he referred to the fact that although the settlement figure in the case was modest, the outcome of the case could affect many thousands of cases under the Protocol.

The Court of Appeal has delivered a positive costs judgment for personal injury solicitors in small value cases.

In Anthony Mitchell (Executor of the estate of Kenneth Morris) v Burton [2021] EWCA Civ 1005, solicitors for Mr Morris (deceased) notified the road accident claim in the MOJ portal. No admission of liability was made and soon afterwards Mr Morris died of an unrelated cause.



The claim was settled without an admission of liability when a part 36 offer in the sum of £1,375 plus costs was accepted. A dispute then arose about whether fixed costs under CPR 45 applied and part 8 proceedings were commenced.

Upholding the lower court decision of HHJ Wood at Liverpool County Court, Sir Nigel confirmed the lower court decision that personal representatives were excluded from the Protocol. At the outset he referred to the fact that although the settlement figure in the case was modest, the outcome of the case could affect many thousands of cases under the Protocol.