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Assessment of brief fee where case settled before trial preparation commenced (Hankin v Barrington)

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Published on: 17 January 2022

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Dispute Resolution analysis: In a detailed assessment, the Senior Courts Costs Office reduced leading counsel’s brief fee from £110,000 to £27,500 after a high value personal injury claim settled nearly three weeks before trial but after the delivery of the brief. The Deputy Master took into account the fact that no work had been undertaken on the brief and also that the loss had been mitigated by fees earned during what would have been the preparation and trial period. Written by Alice Nash, barrister at Hailsham Chambers.

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