Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

The costs of a solicitor's attendance at rehabilitation case management meetings are recoverable in principle, subject to reasonableness and proportionality, and should not be excluded as a generic category. The Master applied the wrong legal test by focusing on whether costs were 'progressive' rather than applying the established criteria of utility, relevance, and attributability.

Citation
[2024] EWCA Civ 250
Parties
Appellant/claimant: Thomas Hadley (A Protected party by his Litigation Friend, Laura McCarry); Respondent/defendant: Mateusz Przybylo
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Personal Injury Appeal / Appeal From High Court (costs Budgeting Decision)
Outcome
Appeal allowed
Legal Topics
Recoverability of Costs, Costs Budgeting, Attendance at Rehabilitation Meetings, Principles of Cost Assessment
Civil Procedure Personal Injury Costs Recoverability of Costs Costs Budgeting Attendance at Rehabilitation Meetings Principles of Cost Assessment

Case Brief

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Parties

Thomas Hadley (A Protected party by his Litigation Friend, Laura McCarry)

Appellant/claimant

Mateusz Przybylo

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Appeal From High Court (costs Budgeting Decision)

Legal Issues

  1. 1 Whether the cost of a fee earner's attendance at rehabilitation case management meetings is recoverable as litigation costs in principle
  2. 2 Whether the Master applied the correct legal test for recoverability of costs

Ratio Decidendi

The costs of a solicitor's attendance at rehabilitation case management meetings are recoverable in principle, subject to reasonableness and proportionality, and should not be excluded as a generic category. The Master applied the wrong legal test by focusing on whether costs were 'progressive' rather than applying the established criteria of utility, relevance, and attributability.

Court Disposition

Appeal allowed

Orders

  • The costs of solicitors' attendance at rehabilitation case management meetings are recoverable in principle, subject to detailed assessment for reasonableness and proportionality.
  • The matter is referred to detailed assessment of costs.