Dockerill & Anor v Tullett [2012] EWCA Civ 184 (24 February 2012)

Dockerill & Anor v Tullett [2012] EWCA Civ 184 (24 February 2012)

For minor personal injury claims settled for less than £1,000, costs of CPR 21.10(2) approval proceedings are to be assessed under CPR 44.5, not fixed costs or small claims track costs. On assessment, the necessity and proportionality of instructing solicitors or counsel must be scrutinised, and costs may be limited if not justified by complexity. Counsel's attendance fee at approval hearings is only recoverable if necessity is specifically established by the circumstances of the case.

Citation
[2012] EWCA Civ 184
Parties
Claimant/appellant: Master Corby Dockerill (a Minor by his mother and Litigation Friend Mrs Zoe Dockerill); Claimant/appellant: Demi Healey (a Minor by her mother and Litigation Friend Mrs Zoe Dockerill); Defendant/respondent: Mr S. Tullett; Claimant/appellant: Master Paddy Macefield (a Minor by his Litigation Friend Paula Macefield); Defendant/respondent: Janos Bakos; Claimant/respondent: Rebecca Tubridy (by her Litigation Friend Mrs D Westwood); Defendant/appellant: Mohammed Sarwar
Jurisdiction
England and Wales
Judgment Date
24 February 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Costs Issues in Minor Personal Injury Settlements
Outcome
Appeals in Dockerill and Macefield dismissed; appeal in Tubridy allowed.
Legal Topics
Costs Assessment, Fixed Costs Regime, Personal Injury Claims by Minors, CPR 21.10(2), CPR 45 Part II, CPR 44.5, CPR 27.14, Counsel's Fees as Disbursement
Civil Procedure Costs Costs Assessment Fixed Costs Regime Personal Injury Claims by Minors CPR 21.10(2) CPR 45 Part II CPR 44.5 +2 more

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Parties

Master Corby Dockerill (a Minor by his mother and Litigation Friend Mrs Zoe Dockerill)

Claimant/appellant

Demi Healey (a Minor by her mother and Litigation Friend Mrs Zoe Dockerill)

Claimant/appellant

Mr S. Tullett

Defendant/respondent

Master Paddy Macefield (a Minor by his Litigation Friend Paula Macefield)

Claimant/appellant

Janos Bakos

Defendant/respondent

Rebecca Tubridy (by her Litigation Friend Mrs D Westwood)

Claimant/respondent

Mohammed Sarwar

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs Issues in Minor Personal Injury Settlements

Legal Issues

  1. 1 Whether costs of CPR 21.10(2) approval proceedings for minors' personal injury claims under £1,000 are subject to fixed costs or detailed assessment; whether detailed assessment should be limited by small claims track costs; whether counsel's attendance fee at approval hearing is a recoverable disbursement under CPR 45.10(2)(c)

Ratio Decidendi

For minor personal injury claims settled for less than £1,000, costs of CPR 21.10(2) approval proceedings are to be assessed under CPR 44.5, not fixed costs or small claims track costs. On assessment, the necessity and proportionality of instructing solicitors or counsel must be scrutinised, and costs may be limited if not justified by complexity. Counsel's attendance fee at approval hearings is only recoverable if necessity is specifically established by the circumstances of the case.

Court Disposition

Appeals in Dockerill and Macefield dismissed; appeal in Tubridy allowed.

Orders

  • Costs in Dockerill and Macefield to be assessed under CPR 44.5 with scrutiny of necessity and proportionality; counsel's attendance fee in Tubridy not recoverable absent specific necessity.