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In Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] 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.