Mendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB) (29 April 2016)

Mendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB) (29 April 2016)

Where a case settles on the day of trial but before the trial commences, section B of Table 6B does not apply, and the costs fall to be assessed under section C, making the trial advocacy fee recoverable.

Citation
[2016] EWHC 976 (QB)
Parties
Claimant/appellant: Mr Bruno Manuel Dos Santos Mendes; Defendant/respondent: Hochtief (UK) Construction Ltd
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Appeal / Appeal From County Court Decision on Costs
Outcome
Appeal allowed
Legal Topics
Fixed Costs, CPR Part 45, Trial Advocacy Fee, Settlement on Day of Trial
Civil Procedure Personal Injury Fixed Costs CPR Part 45 Trial Advocacy Fee Settlement on Day of Trial

Case Brief

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Parties

Mr Bruno Manuel Dos Santos Mendes

Claimant/appellant

Hochtief (UK) Construction Ltd

Defendant/respondent

Procedural Posture

Appeal / Appeal From County Court Decision on Costs

Legal Issues

  1. 1 Is a trial advocacy fee recoverable under the fixed costs scheme if a case settles on the day of trial but before the trial actually commences?

Ratio Decidendi

Where a case settles on the day of trial but before the trial commences, section B of Table 6B does not apply, and the costs fall to be assessed under section C, making the trial advocacy fee recoverable.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Recorder's decision set aside