Legal Cost Specialists

New Employers’ Liability and Public Liability Protocol

By on Feb 20, 2013 | 4 comments

We now have the draft rules for the new Employers’ Liability and Public Liability Protocol and the amended RTA Protocol.

A number of possible surprises in the small print but one issue that jumps out is that disease claims (other than mesothelioma and those involving more than one defendant) are treated as employers’ liability claims and therefore fall within the protocol. And therefore attract fixed fees (at a level yet to be announced). This applies unless a letter of claim was sent to the defendant before 1 April 2013.

Another chunk of costs work disappears.


  1. How can it be coming in when there is a judicial review of the fees? Even if the JR was delat with in March and the government won (two big ifs….) then there is a right of appeal.

    Defendant Lawyer

    20th February 2013

  2. interesting…….
    LiPs to use the Portal. Legal fees will be paid in all Portal cases , ergo, PiPs will now get the Portal fees direct – and this also applicable to the new RTA Protocol.

    this is intended to reduce fraud somehow???

    and how precisely is a LiP supposed to present a claim in Stage 3 up to £25k in Court, presumably against Counsel for the Insurance backed Defendant?

    and is this not a fair pointer, to where they are going with the SCT limit, if they expect LiP to represent themselves this way? (leaving aside the conflict in the rules that will create!)


    20th February 2013

  3. Anon – See 4.4, which says: The fixed costs in rule 45.XX apply in relation to a claimant only where a claimant has a legal representative.

    Pete B

    20th February 2013

  4. @ Pete B …yes, quite right, but read 6.16 & 6.17, which provisions are mandatory. Payment, or Portal exit. insurers, you choose 🙂


    20th February 2013

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