Doyle v M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 (08 July 2022)

Doyle v M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 (08 July 2022)

The phrase 'subject to detailed assessment if not agreed' in the consent order, agreed by specialist solicitors outside the context of a Part 36 offer, bears its natural and ordinary meaning under the Civil Procedure Rules and provides for costs to be assessed on the standard basis, thereby contracting out of the fixed recoverable costs regime under CPR Part 45.

Citation
[2022] EWCA Civ 927
Parties
Claimant/respondent: Allan John Doyle; Defendant/appellant: M&D Foundations & Building Services Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Costs, Fixed Recoverable Costs, Detailed Assessment, Interpretation of Consent Orders
Civil Procedure Personal Injury Costs Fixed Recoverable Costs Detailed Assessment Interpretation of Consent Orders

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Parties

Allan John Doyle

Claimant/respondent

M&D Foundations & Building Services Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision

Legal Issues

  1. 1 Whether a consent order providing for costs 'subject to detailed assessment if not agreed' in an ex-Protocol personal injury claim contracts out of the fixed recoverable costs regime under CPR Part 45

Ratio Decidendi

The phrase 'subject to detailed assessment if not agreed' in the consent order, agreed by specialist solicitors outside the context of a Part 36 offer, bears its natural and ordinary meaning under the Civil Procedure Rules and provides for costs to be assessed on the standard basis, thereby contracting out of the fixed recoverable costs regime under CPR Part 45.

Court Disposition

Appeal dismissed

Orders

  • Costs to be assessed on the standard basis as per the consent order
  • No application of fixed recoverable costs regime under CPR Part 45