I am satisfied that on reviewing the facts of this case, bearing in mind an accident in 2015, a letter of claim on 26 May 2017, coupled with the fact that the second medical evidence does not appear to have been obtained until 15 January 2018, less than three months before the expiry of limitation, to proceed with the claim outside the EL/PL Protocol was unreasonable. In my judgment, the reason for the issue of proceedings on 19 March 2018 was conditioned by the expiry of the limitation period without thought to the benefits of the Protocol and its undoubted relevance in these proceedings.
https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2021/09/shutterstock_281396180.jpg?fit=1000%2C1000&ssl=1 1000 1000 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2021-09-03 14:19:032021-09-03 18:41:13Claim Started Outside EL/PL Protocol Restricted To Fixed Costs Due To Unreasonable Valuation
https://i0.wp.com/tmcls.co.uk/wp-content/uploads/2019/12/vulnerable.jpg?fit=500%2C333&ssl=1 333 500 Toby Moreton https://tmcls.co.uk/wp-content/uploads/2022/01/jpeg-large-1-300x142.jpg Toby Moreton2019-12-09 18:43:222022-02-01 17:36:49The EL/PL Protocol And The Meaning Of ‘Vulnerable Adult’ In Para 4.3(8)
An employers liability claim which settled outside the EL/PL Protocol for £15,000 was not restricted to the fixed costs that would have been allowed had the EL/PL Protocol been applied.