Dahele v Thomas Bates & Sons Ltd [2007] EWHC 90072 (Costs) (17 April 2007)

Dahele v Thomas Bates & Sons Ltd [2007] EWHC 90072 (Costs) (17 April 2007)

Settlement on the day fixed for trial constitutes conclusion 'at trial' for the purposes of CPR Part 45, entitling both solicitors and counsel to a 100% success fee. Taking evidence on commission does not constitute commencement of trial or a contested hearing of an issue ordered to be tried separately.

Citation
[2007] EWHC 90072 (Costs)
Parties
Claimant: Amarjeet Singh Dahele; Defendant: Thomas Bates & Son Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2007
Procedural Posture
Costs Assessment in Personal Injury Litigation / Post Trial Costs Determination
Outcome
Claimant's solicitors and counsel entitled to 100% success fee; costs of assessment reserved for further submissions.
Legal Topics
Conditional Fee Agreements, Success Fees, Fixed Costs Regime, Employer's Liability, Mesothelioma Claims
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees Fixed Costs Regime Employer's Liability Mesothelioma Claims

Case Brief

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Parties

Amarjeet Singh Dahele

Claimant

Thomas Bates & Son Limited

Defendant

Procedural Posture

Costs Assessment in Personal Injury Litigation / Post Trial Costs Determination

Legal Issues

  1. 1 Whether taking evidence on commission constitutes commencement of trial for success fee purposes under CPR Part 45
  2. 2 Whether settlement on the day fixed for trial constitutes conclusion 'at trial' for success fee purposes under CPR Part 45
  3. 3 Entitlement to 100% success fee for solicitors and counsel under the fixed costs regime

Ratio Decidendi

Settlement on the day fixed for trial constitutes conclusion 'at trial' for the purposes of CPR Part 45, entitling both solicitors and counsel to a 100% success fee. Taking evidence on commission does not constitute commencement of trial or a contested hearing of an issue ordered to be tried separately.

Court Disposition

Claimant's solicitors and counsel entitled to 100% success fee; costs of assessment reserved for further submissions.

Orders

  • Solicitors and counsel for the claimant awarded 100% success fee under CPR 45.24(1)(a) and 45.25(1)(a).
  • Permission granted for written submissions on costs of assessment within seven days.