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PI Brief Update

Fixed Recoverable Costs-Settling at the Court Door - Jasmine Murphy, Hardwicke

24/08/16. The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Jasmine Murphy examines the case and its potential implications.

Original news

Dos Santos Medes v Hochtief (UK) Constructions Ltd [2016] EWHC 976 (QB), [2016] All ER (D) 18 (May)

The Queen’s Bench Division allowed an appeal from a decision of a recorder, refusing to award a fixed-advocacy fee on the basis that the case had settled. It had not strained the language of CPR 45.29C to conclude that the case was one where the claim had been ‘disposed of at trial’, albeit by way of settlement rather than judgment.

What issues did this case raise? Why is it significant?

Medes v Hochtief (UK) deals with another issue thrown up by the drafting of Part IIIA of CPR 45: Fixed Recoverable Costs. FRC apply to cases commenced either in the RTA, Employer’s Liability or Public Liability Protocols after 31 July 2013, but which later leave the Protocol and Part 7 proceedings are issued...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.