Amin & Anor v Mullings & Anor

A 100% uplift in solicitor's and counsel's fees under CPR 45.16(1)(a) and 45.17(1)(a) is only available where the claim concludes after the contested hearing has commenced; settlement before the hearing, even on the day fixed for trial, attracts only the lower prescribed uplifts. Each claim and counterclaim is treated separately for uplift purposes.

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: Civil Appeal / Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Conditional Fee Agreements, Success Fees, Costs Uplift, Road Traffic Accident Claims, Counterclaims

Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Uplift Road Traffic Accident Claims Counterclaims

Case Brief

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Parties

A Amin

Claimant/respondent

A Hussain

Claimant/respondent

L Mullings

Defendant/appellant

Royal Sun Alliance

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

1 Whether settlement on the day fixed for trial but before hearing entitles claimant to 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 or only the specific claim to which fees relate

Ratio Decidendi

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 for the Claimant’s claim.