Ryan v Hackett

Ryan v Hackett

The Master was entitled to find that the case would have exited the Protocol in any event due to increased value, and that costs incurred would have been essentially the same. Speculation about possible settlement within the Protocol was not supported by evidence. Therefore, it was appropriate to allow reasonable and proportionate costs on the standard basis rather than limit to fixed costs under CPR 45.18.

Parties
Claimant/respondent: Mr Alan Ryan; Defendant/appellant: Mr Karl Hackett
Jurisdiction
England and Wales
Judgment Date
13 February 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Costs Assessment, Protocol Compliance, Fixed Costs Regime, Misconduct in Litigation
Civil Procedure Personal Injury Costs Assessment Protocol Compliance Fixed Costs Regime Misconduct in Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Alan Ryan

Claimant/respondent

Mr Karl Hackett

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the claimant's costs should be restricted to fixed costs under CPR 45.18 due to unreasonable conduct in exiting the Protocol
  2. 2 Whether the Master exercised discretion correctly under CPR 44.11 in allowing reasonable and proportionate costs

Ratio Decidendi

The Master was entitled to find that the case would have exited the Protocol in any event due to increased value, and that costs incurred would have been essentially the same. Speculation about possible settlement within the Protocol was not supported by evidence. Therefore, it was appropriate to allow reasonable and proportionate costs on the standard basis rather than limit to fixed costs under CPR 45.18.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to reasonable and proportionate costs to be justified at detailed assessment on the standard basis