Loizou v Gordon & Anor [2012] EWHC 90221 (Costs)

Posted on Tuesday, August 21st, 2012

This was a road traffic accident matter where the claim was listed for a split liability and quantum trial.

At the liability only trial on 21/07/11, the 1st Defendant and his witness failed to attend the hearing. An application to adjourn the matter to a further date by Counsel for the 1st Defendant was refused and following a short adjournment, liability was conceded on behalf of the 1st Defendant. Judgment was given for the Claimant, the claim against the 2nd Defendant was dismissed and the 1st Defendant was to pay the costs of the Claimant and 2nd Defendant.

The 2nd Defendant argued that they were entitled to a 100% success fee as the claim had concluded at trial. However, the 1st Defendant argued that the claim had concluded before trial as no evidence had been heard and the contest had not begun.

It was held that the contested hearing had commenced before the claim settled and therefore the 2nd Defendant was entitled to a 100% success fee.


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