Thomas Hadley v Mateusz Przybylo

Thomas Hadley v Mateusz Przybylo

The costs of a solicitor’s attendance at rehabilitation case management meetings are recoverable in principle, subject to assessment for reasonableness and proportionality; the Master erred in ruling them irrecoverable as a category.

Source-derived case information.

Parties
Claimant: Thomas Hadley (A Protected party by his Litigation Friend, Laura McCarry); Defendant: Mateusz Przybylo
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Personal Injury / Appeal From High Court Costs Budgeting Decision
Outcome
appeal allowed
Legal Topics
Recoverability of Costs, Rehabilitation Costs, Costs Budgeting, Principles of Costs Assessment
Civil Procedure Personal Injury Costs Recoverability of Costs Rehabilitation Costs Costs Budgeting Principles of Costs Assessment

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Parties

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

Claimant

Mateusz Przybylo

Defendant

Procedural Posture

Personal Injury / 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
  2. 2 Whether the Master decided a point of principle or exercised case management discretion
  3. 3 What is 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 assessment for reasonableness and proportionality; the Master erred in ruling them irrecoverable as a category.

Court Disposition

appeal allowed

Orders

  • Costs of solicitor’s attendance at rehabilitation case management meetings are recoverable in principle, subject to detailed assessment.
  • Reasonableness and proportionality arguments to be addressed at assessment stage.