Jurisdiction(s):
United Kingdom

Pre-Action EL/PL Protocol and fixed costs: valuation at letter of claim and limits of 'harm, abuse or neglect' exception - Johnson v Choice Support (SCCO, England and Wales)

Published on: 12 May 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Julie Johnson v Choice Support [2025] EWHC 1020 (SCCO)

What are the practical implications of this case?

If claimants opt to proceed outside the Pre-Action Protocols, they must articulate, in the letter of claim, a detailed and complete justification for treating the matter as inappropriate for the relevant Protocol. There can be several bases on which a claim may not fit a particular Protocol, and these should be spelt out clearly at the outset. In Johnson, the claimant relied on two matters: overall value and a specific exception. However, the Costs Judge noted at paragraph 8 that the letter of claim did not mention the exception at paragraph 4.3(8) of the EL/PL Protocol, and the point was determined against the claimant. Accordingly, claimants should make explicit any reliance on exceptions within the applicable Protocol and explain why those provisions apply to their facts. For defendants, the mere fact of settlement under £25,000 does not automatically lead the court to find the claim should have commenced within the EL/PL Protocol...

The claim was valued at more than £25,000;
It was said to fall within paragraph 4.3(8) as a claim by a vulnerable adult for harm, abuse or neglect.

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