COUNSEL’S FEES NOT RECOVERABLE UNDER FIXED COSTS REGIME WHERE CASE SETTLED DAY BEFORE HEARING
I am grateful to barrister Sarah Robson for sending me a copy of the decision of Master Haworth in Coleman -v- Townsend [SCC Senior Court Costs Office 13th July 2020). A copy of which is available here Final Judgment Coleman v Townsend . The Master held that counsel’s brief fee, and skeleton argument costs, were not recoverable under the fixed costs regime in a case where the case settled the day before the hearing.
Counsel’s abated brief fee for trial of £852.00 and skeleton argument at £370 were allowed on a provisional assessment. The matter settled the day prior to the trial date. Costs were to be assessed in line with PART 45 CPR. The defendant sought a review of the order that counsel’s fees were recoverable.
The Master held that counsel’s fees were not recoverable under the fixed costs regime.