Stuart Lisbie –v- SKS Scaffolding Limited [2011] EWHC 90203 (Costs)

Posted on Friday, April 1st, 2011

C was injured in a road traffic accident. Damages were agreed pre issue in the sum of £1,475.00 less a 50% reduction for contributory negligence, i.e. £737.50, plus costs. D argued that had proceedings been issued for the agreed amount, the case would have been allocated to the small claims track and therefore, pursuant to CPR 45.7(2)(d), C should be restricted to fixed costs of £280.00. C argued that the agreed damages were £1,450.00 and that when allocating a claim to track, no deduction should be made for contributory negligence, CPR 26.8(2)(d) applied. “Damages agreed” in CPR 45.7(2)(d) meant the amount actually paid, not the amount before any deduction for contributory negligence, which would be an artificial meaning. Had the claim been issued for the amount agreed, i.e. £737.50 the small claims track would have been the normal track. Therefore CPR 45II did not apply and C was restricted to fixed costs of £280.00. Parveen –v- Farooq not binding but followed.

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