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27 January 2011
Issue: 7450 / Categories: Case law , Judicial line
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Not so fast

If a fast track trial is adjourned on the day before evidence is adduced...

If a fast track trial is adjourned on the day before evidence is adduced and an order for the costs thrown away is made, is the receiving party entitled to the fixed trial fee for counsel? Also, if the claim later settles more than 28 days before the adjourned trial date, is the claimant entitled to the return of the hearing fee?

Assuming counsel is present with their brief, we consider that their client should have the fixed trial costs as or as part of the wasted costs which the paying party is condemned to bear. CPR 46.2 should not be interpreted as meaning that the trial must have taken place for the trial costs to be allowed. We do not consider that the hearing fee is returnable. The trial has been listed and court time lost. An adjournment would not trigger liability for a second hearing (or listing) fee: conversely, a settlement after an abortive hearing for which the court was not blame

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Fieldfisher—Will Sharp

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Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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