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03 March 2011
Issue: 7455 / Categories: Case law , Law digest
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Costs

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Amin and another v Mullings and another [2011] EWHC 278 (QB), [2011] All ER (D) 250 (Feb)

It was clear from CPR 45.15(6)(b) that “at trial” meant at a contested hearing. As was clear from CPR 45.17(1)(a) and (b)(i), there was a distinction between a trial and the date fixed for the commencement of the trial. Further, there was a distinction between the conclusion of a claim after and before a trial had commenced. Settlement before a trial commenced, and conclusion by settlement, after a trial had commenced, could both occur on the date fixed for the trial.

The trigger for entitlement to a 100% uplift in fees was not a settlement on a particular date but a settlement or conclusion after a trial, defined as a hearing, had commenced. It would be straining the use of language to say that a trial had “commenced” after the beginning of the day fixed for trial although the hearing had not started. The language of CPR 45.16(1) dealing with the percentage increase in solicitor’s fees was clear.

The entitlement to

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