Amin & Hussain –v- Mullings & Royal & Sun Alliance [2011] EWHC 278 (QB)

Posted on Thursday, February 17th, 2011

C1 had been injured in an RTA whilst driving C2’s car. D1 counterclaimed. By the time trial commenced, the only live issue was the quantum of hire charges claimed by D1. D1 was ordered to pay C’s costs of their claims including 100% success fees pursuant to CPR 45.16 and 45.17. The Recorder held that trial must include the day fixed for trial and negotiations on that day. D appealed on the grounds that the CPR defines trial as a contested hearing and that there was a clear distinction between “at trial” and “before trial has commenced” Sitapuria –v- Moorzadi Khan (Unreported – 10th December 2007). C relied on Dahele –v- Thomas Bates & Son Ltd [2007] EWCA 90072 Costs. Held: the language of the CPR is clear. There is a 100% uplift on solicitor’s and counsel’s fees when the claim concludes after the commencement of a contested hearing of the claim, otherwise, the lower success fees stipulated in the CPR apply. Sitapura approved, Dahele not followed. Appeal allowed. Solicitor’s success fee reduced to 12.5%, Counsel’s success fee reduced to 50%.

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