Allan John Doyle v M&D Foundation & Building Services Limited

Allan John Doyle v M&D Foundation & Building Services Limited

The phrase 'subject to detailed assessment' in the consent order is a technical term under the Civil Procedure Rules, which, unless otherwise stated, means costs are to be assessed on the standard basis and not as fixed costs. The parties, acting through specialist solicitors, must be taken to have intended the term to bear its ordinary meaning. There was no ambiguity or internal inconsistency in the order, and the agreement was not made in the context of a Part 36 offer. Therefore, the fixed costs regime was disapplied by agreement, and the respondent was entitled to costs assessed on the standard basis.

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, Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Costs, Fixed Recoverable Costs, Interpretation of Consent Orders, Detailed Assessment, Personal Injury
Civil Procedure Employment Law Costs Fixed Recoverable Costs Interpretation of Consent Orders Detailed Assessment Personal Injury

Case Brief

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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, Court of Appeal Judgment

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 constitutes an agreement to disapply the fixed recoverable costs regime under CPR Part 45.
  2. 2 Whether the phrase 'detailed assessment' in the order should be interpreted as referring to standard basis costs or fixed costs.

Ratio Decidendi

The phrase 'subject to detailed assessment' in the consent order is a technical term under the Civil Procedure Rules, which, unless otherwise stated, means costs are to be assessed on the standard basis and not as fixed costs. The parties, acting through specialist solicitors, must be taken to have intended the term to bear its ordinary meaning. There was no ambiguity or internal inconsistency in the order, and the agreement was not made in the context of a Part 36 offer. Therefore, the fixed costs regime was disapplied by agreement, and the respondent was entitled to costs assessed on the standard basis.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.