header-logo header-logo

16 January 2020 / Matthew Hoe
Issue: 7870 / Categories: Features , Profession , Costs
printer mail-detail

Voyage of recovery

14098
Matthew Hoe provides an update on disbursements in fixed costs cases
  • Counsel fees: a disbursement?
  • Scope: directly addressing fix costs.
  • Comment: hard negotiations.

Practitioners on both sides in fixed costs personal injury claims will mark the Court of Appeal’s judgment in Cham v Aldred [2019] EWCA Civ 1780, [2019] All ER (D) 160 (Oct) which settles important points about what can be recovered as a disbursement in such claims. While no doubt it will bite mostly on claimants’ costs, it applies also to defendants’ costs under CPR 45, s IIIA of the fixed costs regime. Underpinning the case was a dispute about whether fixed costs cover only the solicitor’s work, or all legal representatives’ work on the case, or indeed any and all work that is required by the claim.

Counsel fees

The appeal concerned counsel’s fees. The claimant was a child. His claim started under the RTA Protocol but exited because of a liability dispute between the drivers. The claimant’s damages were agreed in principle but approval was needed.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll