Finsbury Food Group Plc v Dover

Finsbury Food Group Plc v Dover

CPR 45.29I(2)(c) does not fix the quantum of counsel’s fee for advice on valuation in claims exited from the Protocol; it only permits recovery of such a fee as a disbursement, subject to assessment. The fixed fee of £150 plus VAT applies only to claims settled within the Protocol at Stage 3, not to claims outside the Protocol.

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 Judgment on Appeal From Senior Courts Costs Office
Outcome
Appeal dismissed
Legal Topics
Fixed Recoverable Costs, Statutory Interpretation, Personal Injury, Employers’ Liability
Civil Procedure Costs Fixed Recoverable Costs Statutory Interpretation Personal Injury Employers’ Liability

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Parties

Finsbury Food Group PLC

Appellant/defendant

Scott Dover

Respondent/claimant

Procedural Posture

Appeal / High Court Judgment on 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 exited from the Protocol

Ratio Decidendi

CPR 45.29I(2)(c) does not fix the quantum of counsel’s fee for advice on valuation in claims exited from the Protocol; it only permits recovery of such a fee as a disbursement, subject to assessment. The fixed fee of £150 plus VAT applies only to claims settled within the Protocol at Stage 3, not to claims outside the Protocol.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; costs subject to assessment as previously determined by the Costs Officer and Master Brown.