An earlier post looked at the Fixed Recoverable Costs for defendants being based on the “the amount specified in the claim form, without taking into account any deduction for contributory negligence, but excluding – (i) any amount not in dispute; (ii) interest; or (iii) costs” (CPR 45.6(2) and (3)).
What about where the claim form does not state an exact amount (as will be the case in almost all personal injury matters)?
CPR 45.6(3)(b) provides:
“if no amount is specified in the claim form, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3;
CPR 16.3 provides:
“(1) This rule applies where the claimant is making a claim for money.
(2) The claimant must, in the claim form, state –
(a) the amount of money claimed;
(b) that the claimant expects to recover –
(i) not more than £10,000; or
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000 but not more than £100,000; or
(iv) more than £100,000”
CPR 45.6(3)(c) then provides:
“if the claim form states that the claimant cannot reasonably say how much is likely to be recovered –
(i) £25,000 in a claim to which Section VI [the fast track] applies; or
(ii) £100,000 in a claim to which Section VII [the intermediate track] applies”
A failure to provide a realistic, or any, figure in the claim form could lead to a very large adverse costs order if the claim fails or the claimant fails to beat a Part 36 offer as the defendant’s costs will be calculated on a figure much higher than the likely true value of the claim.
