Your recent article on personal injury fixed fees is wrong on two counts (see [2005] 6 January 1). Part 45 (111) of the Civil Procedure Rules (CPR) is not limited to road traffic accident cases on the fast track but extends to multi-track cases, although there is a get-out provision for cases worth £500,000 before discount for contributory negligence.


CPR Part 45 (1v) similarly catches both fast-track and multi-track employer's liability claims up to £500,000, but only from 1 October 2004 and not 6 October 2003. Industrial disease cases are not caught.



I suspect that you have misunderstood the judgment of the Court of Appeal in Ellerton v Harris where, at paragraphs 48 and 49, Lord Justice Brooke addresses the claimant's arguments that the guidance given in Callery v Gray should not apply as Ellerton's case settled for more than £15,000.



Myles Hickey, Dowse & Co, London