In Williams v The Secretary of State for Business, Energy & Industrial Strategy  EWCA Civ 852 the Court of Appeal considered the issue of the personal injury protocol and fixed costs. It was held that CPR 44 has sufficient width to enable a court to order that a claimant is confined to portal fixed costs.
“… the Part 44 conduct provisions provide a complete answer to a case like this. They provide ample scope for a District Judge or a Costs Judge, when assessing the costs in a claim which was unreasonably made outside the EL/PL Protocol, to allow only the fixed costs set out in the EL/PL Protocol.”
In our view this authority could be cited when arguing that a party has not complied with a Pre-action protocol outside the personal injury forum.