Section 45.41(2)

Where a judgment is given in favour of the claimant, but— the court may order the defendant to pay no more than the fixed costs together with disbursements allowed in accordance with paragraphs 1.13 and 1.14 of Practice Direction 27B. the court considers that the claimant acted unreasonably— by valuing the overall claim at more than £10,000 or the claim for damages for injury at more than £5,000, so that the claimant did not need to comply with the RTA Small Claims Protocol; by electing not to proceed under the RTA Small Claims Protocol, following notification pursuant to paragraph 6.15(4)(b) of the RTA Protocol; or in any other way that caused the process in the RTA Small Claims Protocol to be discontinued; or the claimant did not comply with the RTA Small Claims Protocol at all despite the claim falling within the scope of the Protocol,

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Source: legislation.gov.uk · retrieved 2026-08-15