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Hugh Cartwright & Amin v Mr David Devoy-Williams and Mrs Anjana Devoy-Williams [2018] EWHC 1692 (QB)

Counsel's entitlement to full brief fee in circumstances where the case settles at mediation on the day before hearing.

Appeal from Senior Courts Cost Office - Master in SCCO found that full amount of Counsel's brief fee was not payable because the parties had reached agreement, at mediation, late in the afternoon the day before hearing and that, although, the mediation itself did not finish until 10.30pm that evening Counsel should have been stood down earlier. Mrs Justice Davies overturned that decision on the basis that Counsel should be paid fully for the work that already had been done and that no Counsel would ever be stood down until the settlement was fully concluded.

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