Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB) (07 August 2020)

Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB) (07 August 2020)

CPR 45.29I(2)(c) does not fix the quantum of counsel's fee for advice on valuation in claims that have exited the Protocol; it only permits recovery of such a fee as a type of disbursement, with the amount subject to assessment. The Protocol and rules do not expressly fix the fee for claims outside the Protocol, and the fixed fee regime applies only to claims remaining within the Protocol.

Citation
[2020] EWHC 2176 (QB)
Parties
Appellant/defendant: Finsbury Food Group PLC; Respondent/claimant: Scott Dover
Jurisdiction
England and Wales
Judgment Date
07 August 2020
Procedural Posture
Appeal / High Court Appeal From Senior Courts Costs Office
Outcome
Appeal dismissed
Legal Topics
Fixed Recoverable Costs, Disbursements, Personal Injury, Employers' Liability, Statutory Interpretation
Civil Procedure Costs Fixed Recoverable Costs Disbursements Personal Injury Employers' Liability Statutory Interpretation

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Parties

Finsbury Food Group PLC

Appellant/defendant

Scott Dover

Respondent/claimant

Procedural Posture

Appeal / High Court Appeal From Senior Courts Costs Office

Legal Issues

  1. 1 Whether CPR 45.29I(2)(c) fixes the quantum of counsel's fee for advice on valuation at £150 plus VAT or leaves it subject to assessment in claims that have exited the Protocol

Ratio Decidendi

CPR 45.29I(2)(c) does not fix the quantum of counsel's fee for advice on valuation in claims that have exited the Protocol; it only permits recovery of such a fee as a type of disbursement, with the amount subject to assessment. The Protocol and rules do not expressly fix the fee for claims outside the Protocol, and the fixed fee regime applies only to claims remaining within the Protocol.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.