Amin & Anor v Mullings & Anor [2011] EWHC 278 (QB) (17 February 2011)

Settlement of a claim on the day fixed for trial but before the hearing commences does not constitute conclusion 'at trial' for the purposes of CPR 45.16(1)(a) and 45.17(1)(a); the correct uplifts are 12.5% for solicitors and 50% for counsel. Claim and counterclaim are treated as separate claims for uplift purposes.

Citation: [2011] EWHC 278
Parties: Claimant/respondent: A Amin; Claimant/respondent: A Hussain; Defendant/appellant: L Mullings; Defendant/appellant: Royal Sun Alliance
Jurisdiction: England and Wales
Judgment Date: 17 February 2011
Procedural Posture: Appeal / Judgment on Appeal From Costs Order
Outcome: Appeal allowed
Legal Topics: Conditional Fee Agreements, Success Fees, Road Traffic Accidents, Counterclaims, Interpretation of CPR 45

Civil Procedure Costs Conditional Fee Agreements Success Fees Road Traffic Accidents Counterclaims Interpretation of CPR 45

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Parties

A Amin

Claimant/respondent

A Hussain

Claimant/respondent

L Mullings

Defendant/appellant

Royal Sun Alliance

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Costs Order

Legal Issues

1 Whether settlement on the day fixed for trial but before the hearing commences entitles the claimant to a 100% uplift in solicitor's and counsel's fees under CPR 45.16(1)(a) and 45.17(1)(a)
2 Whether 'the claim' in CPR 45.16 and 45.17 includes both claim and counterclaim for the purposes of uplift entitlement

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

100% uplift in solicitor's and counsel's fees for the claimant's claim set aside
12.5% uplift in solicitor's fees and 50% uplift in counsel's fees substituted for the claimant's claim