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Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister

23/12/16. The Court of Appeal decision in Bird v Acorn Group Ltd [2016] EWCA Civ 1096 centered on the question of whether a 10-minute disposal hearing amounted to listing the claim for trial when determining the level of fixed costs recoverable under CPR r.45.29E, Table 6D part B. The Claimant averred that the disposal hearing was equivalent to a trial and therefore the highest level of costs (column 3) should be applied. The Defendant, however, contended that the Claimant should only be entitled to fixed costs under column 1 of Table 6D part B.

Facts

In August 2013, the Claimant was injured whilst visiting the Defendant’s car garage. Accordingly, the Claimant’s solicitors entered the EL/PL Protocol on the 23rd September 2013, and in the absence of a response by the Defendant, the Claimant’s solicitors...

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