GW v BW [2011] EW Misc 10 (CC) (22 July 2011)

GW v BW [2011] EW Misc 10 (CC) (22 July 2011)

Counsel's fees for attending an infant settlement hearing are not necessarily incurred and are not recoverable as a disbursement under CPR 45.10(2)(c)(i) in straightforward, modest value cases where the claimant has made a full recovery. Such fees are only recoverable if there is an exceptional feature making counsel's attendance necessary. The fixed recoverable costs regime does not allow for additional fees simply because a hearing is fixed or for solicitor convenience.

Citation
[2011] EW Misc 10 (CC)
Parties
Claimant: Master Walker; Claimant: Master Adesina; Defendant: Prabhakar
Jurisdiction
England and Wales
Judgment Date
22 July 2011
Procedural Posture
Civil / First Instance Judgment With Permission to Appeal
Outcome
Claimants' applications for recovery of counsel's fees for settlement hearings disallowed; in Adesina, costs order made personally against claimant's solicitors for unreasonable conduct; permission to appeal granted to Court of Appeal.
Legal Topics
Infant Settlement, Costs Recovery, Fixed Recoverable Costs, Disbursements, Court Approval of Settlements
Civil Procedure Personal Injury Infant Settlement Costs Recovery Fixed Recoverable Costs Disbursements Court Approval of Settlements

Case Brief

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Parties

Master Walker

Claimant

Master Adesina

Claimant

Prabhakar

Defendant

Procedural Posture

Civil / First Instance Judgment With Permission to Appeal

Legal Issues

  1. 1 Whether a hearing is required for approval of infant settlements in modest value cases
  2. 2 How damages for child claimants should be invested or paid out
  3. 3 Whether counsel's fees for attending infant settlement hearings are recoverable as a necessary disbursement under CPR 45.10(2)(c)(i)

Ratio Decidendi

Counsel's fees for attending an infant settlement hearing are not necessarily incurred and are not recoverable as a disbursement under CPR 45.10(2)(c)(i) in straightforward, modest value cases where the claimant has made a full recovery. Such fees are only recoverable if there is an exceptional feature making counsel's attendance necessary. The fixed recoverable costs regime does not allow for additional fees simply because a hearing is fixed or for solicitor convenience.

Court Disposition

Claimants' applications for recovery of counsel's fees for settlement hearings disallowed; in Adesina, costs order made personally against claimant's solicitors for unreasonable conduct; permission to appeal granted to Court of Appeal.

Orders

  • In both cases, payment out of the whole of the approved damages to the claimant for immediate use and benefit under CPR PD21 para 8.1(2).
  • In Walker, counsel's fees for attending the settlement hearing disallowed.