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Road traffic accidents fixed costs recovery appeal

Last updated: 17 February 2017

Case: Iqbal & Anr v. Leek & Anr

The Court of Appeal has ruled that solicitors are not liable to repay protocol costs where a claim was not pursued beyond Stage 1 of the pre-2013 Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. This supports the view advocated by the Society, when they intervened, that costs were paid to solicitors in relation to work done for the relevant stage, and were not interim payments that could be recovered by insurers. 

The judgment praised the Society's ‘helpful written submissions’. The Association of Personal Injury Lawyers also intervened. 

Read the judgment