Is a "Disposal Hearing" a "Final Hearing" - Paul Stanton
05/11/14. On a superficial level, the answer seems to be a fairly simple "Yes"! However, in the world of litigation, the obvious may not always be that obvious after all.......! The case of Taylor v Bunter came before DJ Doyle on the 18th September 2014. The crux of the dispute was which band of (fixed) costs were payable under CPR 45.29C [Table 6B] in a case where a Disposal Hearing had been listed-for example, where Interlocutory Judgment is entered, or where liability is admitted in the Defence-but the case subsequently settles before the Hearing Date.
Unsurprisingly, the Defendant's representatives sought to argue that the fixed costs should be assessed on the basis that the case settled "On or after the date of issue, but prior to the date of allocation under Part 26" (Column 1 of Table 6). The Claimant's argument was that the case should be regarded as...
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