Mendes v Hochtief (UK) Construction Ltd

Mendes v Hochtief (UK) Construction Ltd

Where a case settles on the day of trial but before the trial commences, section B of Table 6B does not apply. The claim is disposed of at trial and the trial advocacy fee is recoverable under section C, regardless of whether the trial has actually started.

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 / Judgment on Appeal From Swindon County Court, Costs Assessment
Outcome
Appeal allowed
Legal Topics
Fixed Costs Regime, CPR Part 45, Trial Advocacy Fee, Costs Assessment
Civil Procedure Personal Injury Fixed Costs Regime CPR Part 45 Trial Advocacy Fee Costs Assessment

Case Brief

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Parties

Mr Bruno Manuel Dos Santos Mendes

Claimant/appellant

Hochtief (UK) Construction Ltd

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Swindon County Court, Costs Assessment

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. The claim is disposed of at trial and the trial advocacy fee is recoverable under section C, regardless of whether the trial has actually started.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Trial advocacy fee recoverable in addition to other fixed costs