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

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 entitle the claimant to a 100% uplift in solicitor's or counsel's fees; only a 12.5% uplift for solicitors and 50% for counsel applies. The claim and counterclaim are distinct for the purposes of CPR 45.

Citation
[2011] EWHC 278 (QB)
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. 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. 2 Whether a claim and counterclaim should be treated as one claim for the purposes of CPR 45

Ratio Decidendi

Settlement of a claim on the day fixed for trial but before the hearing commences does not entitle the claimant to a 100% uplift in solicitor's or counsel's fees; only a 12.5% uplift for solicitors and 50% for counsel applies. The claim and counterclaim are distinct for the purposes of CPR 45.

Court Disposition

Appeal allowed

Orders

  • The 100% uplift in both solicitor's and counsel's fees in respect of the Claimant's claim is set aside.
  • A 12.5% uplift in solicitor's fees and 50% in counsel's fees is substituted.