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
