Industrial Disease cases exiting the portal go straight to open costs and are not the subject of Fixed Recoverable Costs; either they will be in the portal or in the open costs regime.
Chris Grayling has written to the Master of the Rolls to confirm disease cases are exempt from fixed costs where they fall outside of the protocol/portal. This does not apply where they are exempt in the first place as in such cases standard costs will continue to apply.
The following is a quote from Mr. Grayling’s letter to the Master of the Rolls:
“Furthermore, in respect of claims arising out of employers’ liability disease cases which fall out of the EL protocol, the existing costs regime should continue rather than the new one proposed. The costs in all other cases falling out of the protocols should be those set out in the relevant table in Annex A of the response document.”