Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane
30/06/16. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recoverable under CPR Pt 45 Pt IIIA. The court further found that a matter could be disposed of at trial even if it was by way of settlement rather than judgment.
The fixed costs regime under Part 45 has suffered from many changes and challenges. Lately, the rules about the award of indemnity costs if a Part 36 offer was beaten at trial were changed following the ruling in Broadhurst: thus negating much of what the fixed fee regime was supposed to achieve. In this most recent case, a recorder's refusal to award a fixed trial advocacy fee under the fixed costs scheme when the matter settled “at the door of the court” was successfully challenged on appeal. The appellant had suffered personal injuries following a road traffic accident. A claim was notified under the Pre-Action Protocol for Low Value Personal Claims in Road Traffic Accidents so that the costs were subject to the fixed costs regime set out in CPR Pt.45 Pt.IIIA. A fast track trial was listed and, on the day, the recorder granted more time to the parties following their counsels' indication that they might be able to settle...
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