Dahele v Thomas Bates & Sons Ltd

Dahele v Thomas Bates & Sons Ltd

Settlement on the day fixed for trial constitutes conclusion at trial for the purposes of CPR 45.24 and 45.25, entitling both solicitors and counsel to a 100% success fee. Taking evidence on commission does not constitute commencement of trial as no judge was present and no issue was decided at that hearing.

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/employer's Liability / Post Settlement Costs Assessment
Outcome
Claimant's solicitors and counsel entitled to 100% success fee; costs of assessment reserved for further submissions.
Legal Topics
Costs Assessment, Conditional Fee Agreements (cfa), Success Fees, Employer's Liability, Mesothelioma Claims
Civil Procedure Personal Injury Employment Law Costs Assessment Conditional Fee Agreements (cfa) Success Fees Employer's Liability Mesothelioma Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Amarjeet Singh Dahele

Claimant

Thomas Bates & Son Limited

Defendant

Procedural Posture

Costs Assessment in Personal Injury/employer's Liability / Post Settlement Costs Assessment

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 entitles solicitors and counsel to 100% success fee under CPR Part 45

Ratio Decidendi

Settlement on the day fixed for trial constitutes conclusion at trial for the purposes of CPR 45.24 and 45.25, entitling both solicitors and counsel to a 100% success fee. Taking evidence on commission does not constitute commencement of trial as no judge was present and no issue was decided at that hearing.

Court Disposition

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

Orders

  • Success fee for both solicitors and counsel assessed at 100% under CPR 45.24(1)(a) and 45.25(1)(a).
  • Permission granted to both parties to submit written submissions on costs of assessment within seven days.