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Limiting Costs on Assessment to RTA Protocol Fixed Costs

On assessment of costs, the court can decide the reasonable and proportionate amount to allow may be no more than fixed costs for the RTA Protocol where the claimant has unreasonably exited that protocol. That was the decision of Master Simons in the recent case of Davies, Ollin and Ollin v Greenway (30th October 2013, SCCO, unreported).

That may sound unremarkable, but it may be the first decision of its kind and is a watershed case. It confirms the court has broader powers with regard to costs in cases unreasonably exited from the RTA Protocol.

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