Hankin v Barrington & Ors [2021] EWHC B1 (Costs) (05 January 2022)

Hankin v Barrington & Ors [2021] EWHC B1 (Costs) (05 January 2022)

A reasonable brief fee for leading counsel in this case, where the brief was delivered two days before mediation and the case settled at mediation three weeks before trial, is £75,000, subject to a 50% abatement for early settlement and a further deduction for mitigation of loss, resulting in an allowed fee of £27,500 plus VAT.

Citation
[2021] EWHC B1
Parties
Claimant: Matthew Hankin; First Defendant: Richard Barrington; Second Defendant: Ademola Adejuwon; Third Defendant: Saracens Rugby Club
Jurisdiction
England and Wales
Judgment Date
05 January 2022
Procedural Posture
Detailed Assessment of Costs / Reserved Judgment on Leading Counsel's Brief Fee
Outcome
Brief fee allowed in the sum of £27,500 plus VAT; defendants to pay costs of detailed assessment on this point, subject to any further order if an offer was not beaten.
Legal Topics
Brief Fee, Detailed Assessment, Indemnity Principle, Conditional Fee Agreement, Abatement of Fees, Mitigation of Loss
Civil Procedure Costs Brief Fee Detailed Assessment Indemnity Principle Conditional Fee Agreement Abatement of Fees Mitigation of Loss

Case Brief

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Parties

Matthew Hankin

Claimant

Richard Barrington

First Defendant

Ademola Adejuwon

Second Defendant

Saracens Rugby Club

Third Defendant

Procedural Posture

Detailed Assessment of Costs / Reserved Judgment on Leading Counsel's Brief Fee

Legal Issues

  1. 1 Whether a full leading counsel's brief fee is reasonable and recoverable when the case settled before trial
  2. 2 What is a reasonable amount for the brief fee in the circumstances
  3. 3 Whether mitigation of loss by counsel affects the recoverable fee

Ratio Decidendi

A reasonable brief fee for leading counsel in this case, where the brief was delivered two days before mediation and the case settled at mediation three weeks before trial, is £75,000, subject to a 50% abatement for early settlement and a further deduction for mitigation of loss, resulting in an allowed fee of £27,500 plus VAT.

Court Disposition

Brief fee allowed in the sum of £27,500 plus VAT; defendants to pay costs of detailed assessment on this point, subject to any further order if an offer was not beaten.

Orders

  • Item 3036 (leading counsel's brief fee) allowed at £27,500 plus VAT.
  • Defendants to pay costs of detailed assessment under CPR 47.20 in relation to this point, subject to further order if applicable.