DISPOSAL HEARINGS: TODAY’S KEY COURT OF APPEAL DECISION

Kerry Underwood

In Bird v Acorn Group Ltd, judgment delivered at 2.00pm today, the Court of Appeal, in a ruling of enormous importance, has held that where a disposal hearing takes place then the full, highest level of pre-trial fixed costs are payable.

Table 6B Part B lists the three stages within which the settlement can be reached:-

–              on or after the date of issue, but prior to the date of allocation under Part 26;

–              on or after the date of allocation under Part 26, but prior to the date of listing;

–              on or after the date of listing but prior the date of trial.

The issue has been which stage should apply when a matter has been listed for a disposal hearing but has not been allocated to a track and settles before that hearing, or at the hearing.

Clearly it can be argued that that is on…

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