If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side
even if you obtain judgment in your favour; • An order that those costs are paid
on a more stringent
basis known as an
indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending
on who is at fault the court can also order payment of a higher interest rate of up to 10 % above
base rate.
(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial
indemnity costs
on the
basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims,
even if valid from pursuing them.