Small claims track or fast track costs Effect of protocol Birmingham City Council v Lee [2008] EWCA Civ 891 Summary This is an important case on costs. The tenant used the Pre-action Protocol for Housing Disrepair Cases. The works were done before litigation and the claim was subsequently only for damages, limited to a sum which made the claim suitable for the small claims track. That claim was disputed. The Court of Appeal held that the appropriate order for costs…
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