Bowcott v Walding [2003] EWHC 9042 (Costs) (14 October 2003)

Bowcott v Walding [2003] EWHC 9042 (Costs) (14 October 2003)

Claimants' counsel are entitled to a commitment fee representing half the properly assessed brief fees, reflecting the costs order and preparation done after the relevant date.

Source-derived case information.

Citation
[2003] EWHC 9042 (Costs)
Parties
Claimant: Nigel Bowcott; Claimant: Dr Simon Fox; Defendant: Walding
Jurisdiction
England and Wales
Judgment Date
14 October 2003
Procedural Posture
Costs Assessment / Post Settlement Costs Determination
Outcome
Defendant's appeal allowed in part; brief fees reduced.
Legal Topics
Assessment of Counsel's Fees, Part 36 Offer, Court Approved Settlement
Personal Injury Costs Assessment of Counsel's Fees Part 36 Offer Court Approved Settlement

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Parties

Nigel Bowcott

Claimant

Dr Simon Fox

Claimant

Walding

Defendant

Procedural Posture

Costs Assessment / Post Settlement Costs Determination

Legal Issues

  1. 1 What proportion of claimants' counsel's brief fees are payable by the defendants given the timing of the Part 36 offer and court order?
  2. 2 Should full brief fees be allowed when settlement occurs after trial has commenced?

Ratio Decidendi

Claimants' counsel are entitled to a commitment fee representing half the properly assessed brief fees, reflecting the costs order and preparation done after the relevant date.

Court Disposition

Defendant's appeal allowed in part; brief fees reduced.

Orders

  • Leading counsel's brief fee reduced from £8,000 to £7,500.
  • Junior counsel's brief fee reduced to £3,750.