Moutarde v SIG Logistics & Anor [2021] EWHC 1670 (QB) (18 June 2021)

Moutarde v SIG Logistics & Anor [2021] EWHC 1670 (QB) (18 June 2021)

The claim for damages had concluded before the hearing began; the only issue determined at the hearing was a discrete costs question, which does not constitute a final contested hearing of the substantive claim under CPR 45.24(1). Therefore, the applicant is only entitled to a 27.5% success fee, not 100%.

Citation
[2021] EWHC 1670 (QB)
Parties
Appellant/claimant: Alan Moutarde; Respondent/defendant: SIG Logistics; Respondent/defendant: Transplastix
Jurisdiction
England and Wales
Judgment Date
18 June 2021
Procedural Posture
Renewed Oral Application for Permission to Appeal / Permission to Appeal Hearing
Outcome
Application dismissed
Legal Topics
Success Fees, CPR Part 45, Employer's Liability Disease Claims, Mesothelioma, Costs Assessment
Civil Procedure Personal Injury Costs Success Fees CPR Part 45 Employer's Liability Disease Claims Mesothelioma Costs Assessment

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Parties

Alan Moutarde

Appellant/claimant

SIG Logistics

Respondent/defendant

Transplastix

Respondent/defendant

Procedural Posture

Renewed Oral Application for Permission to Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether the claim concluded at trial for the purposes of CPR 45.24(1)
  2. 2 Whether a dispute about costs constitutes a 'final contested hearing' or 'trial' under CPR 45.15, 45.23, and 45.24

Ratio Decidendi

The claim for damages had concluded before the hearing began; the only issue determined at the hearing was a discrete costs question, which does not constitute a final contested hearing of the substantive claim under CPR 45.24(1). Therefore, the applicant is only entitled to a 27.5% success fee, not 100%.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused
  • Applicant entitled to recover only a 27.5% success fee