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Fixed recoverable costs payable by the opponent towards our basic charges

Fixed Recoverable costs for claims within the RTA and EL/PL protocol

 

If your case is settled within the Ministry of Justice Portal scheme, then your opponent will pay towards our “basic charges” the sum referred to on the table below plus VAT with the amount payable being dependent on (a) whether your claim is a Road Traffic Accident (“RTA”) claim or an Employers Liability (“EL”) claim or a Public Liability (“PL”) claim, (b) the amount of your final compensation award and (c) the stage at which your claim settles within the Ministry of Justice Portal.

 

Amount of fixed costs (RTA Protocol)

Where the value of the claim for damages is not more than £10,000Where the value of the claim for damages is more than £10,000
Stage 1 fixed costs £200Stage 1 fixed costs £200
Stage 2 fixed costs£300Stage 2 fixed costs£600
Stage 3 - Type A fixed costs£250Stage 3 - Type A fixed costs£250
Stage 3 - Type B fixed costs£250Stage 3 - Type B fixed costs£250
Stage 3 - Type C fixed costs £150Stage 3 - Type C fixed costs£150

 

Amount of fixed costs (EL/PL Protocol)

Where the value of the claim for damages is not more than £10,000Where the value of the claim for damages is more than £10,000
Stage 1 fixed costs £300Stage 1 fixed costs £300
Stage 2 fixed costs£600Stage 2 fixed costs £1300
Stage 3 - Type A fixed costs£250Stage 3 - Type A fixed costs£250
Stage 3 - Type B fixed costs£250Stage 3 - Type B fixed costs£250
Stage 3 - Type C fixed costs£150Stage 3 - Type C fixed costs£150

 

Fixed Recoverable costs for claims within the Fast Track (cases valued between £10,001 to £25,000)

If your case is settled within the Fast Track, then your opponent will pay towards our “basic charges” the sum referred to on the table below plus VAT with the amount payable being dependent on value and complexity band (see below for further information regarding complexity banding).

Complexity Band
1
2
3
4
A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
(1) Where damages are not more than £5,000£ NilThe greater of
£681 or £124 + an
amount equivalent to 20% of the damages
£1,136 + an amount equivalent to 17.5% of the damagesIn each case — £2,684 + an amount equivalent to 15% of the damages + £526 per extra defendant
(2) Where damages are more than £5,000, but not more than £10,000£ Nil£1,342 + an amount equivalent to 15% of damages over £5,000£2,271 + an amount equivalent to 12.5% of damages over £5,000
(3) Where damages are more than £10,000£599£2,374 + an amount equivalent to 10% of damages over £10,000£3,097 + an amount equivalent to 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles or is discontinued before trial
(1) On or after the date that the court issues the claim, but before the date that the court allocates the claim under Part 26£2,168£1,445 + an amount equivalent to 20% of the damages£3,303 + an amount equivalent to 20% of the damages£3,097 + an amount equivalent to 40% of the damages + £785 per extra defendant
(2) On or after the date that the court allocates the claim under Part 26, but before the date that the court lists the claim for trial£2,581£2,374 + an amount equivalent to 20% of the damages£4,129 + an amount equivalent to 25% of the damages£6,607 + an amount equivalent to 40% of the damages + £785 per extra defendant
(3) On or after the date that the court lists the claim for trial but before trial£3,923£3,303 + an amount equivalent to 20% of the damages£5,265 + an amount equivalent to 30% of the damages£8,155 + an amount equivalent to 40% of the damages + £785 per extra defendant
C. If the claim is disposed of at trial
£3,923£3,303 + an amount equivalent to 20% of the damages agreed or awarded£5,265 + an amount equivalent to 30% of the damages agreed or awarded£8,155 + an amount equivalent to 40% of the damages agreed or awarded + £785 per extra defendant
D. Trial advocacy fees
(1) Where the value of the claim is not more than £3,000£619£619£619£1,652
(2) Where the value of the claim is more than £3,000, but not more than £10,000£877£877£877£1,652
(3) Where the value of the claim is more than £10,000, but not more than £15,000£1,342£1,342£1,342£2,168
(4) Where the value of the claim is more than £15,000£2,168£2,168£2,168£2,994
(5) Where the claim is listed for trial, but
is removed from the list or settled—
on the day of trial; or not more than 1 day
before the date listed for trial
100% of the applicable trial advocacy fee
(6) Where the claim is listed for trial, but
is removed from the list or settled more
than 1 day, but not more than 2 days,
before the date listed for trial
75% of the applicable trial advocacy fee”.

 

Specialist legal advice

Where a claim would normally be assigned to complexity band 4 (Fast Track), in addition to the costs allowable above, the fixed costs may include an amount in accordance with the table below.

A. Providing post-issue advice in writing or in conference£1,000
B. Drafting a statement of case£500

 

Fixed Recoverable costs for claims within the Intermediate track (cases valued between £25,001 to £100,000)

If your case is settled within the Intermediate Track, then your opponent will pay towards our “basic charges” the
sum referred to on the table below plus VAT with the amount payable being dependent on complexity band (see
below for further information regarding complexity banding).

Complexity Band
Stage
1
2
3
4
S1
From pre-issue up to and including the date of service of the defence
£1,652 + an amount equivalent to 3% of the damages£5,162 + an amount equivalent to 6% of the damages£6,607 + an amount equivalent to 6% of the damages£9,601 + an amount equivalent to 8% of the damages
S2
Specialist legal representative providing post-issue advice in writing or in conference or drafting a statement of case
£2,065£2,065(a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim(a) £2,374; or (b) £3,613 if counsel is also instructed to draft a defence to a counterclaim
S3
From the date of service of the defence up to the earlier of the date set for CMC or the order giving directions under 28.2
£4,129+ an amount equivalent to 10% of the damages£7,949 + an amount equivalent to 12% of the damages£9,394 + an amount equivalent to 12% of the damages£13,420 + an amount equivalent to 14% of the damages
S4
From the end of Stage 3 up to and including the date set by the court for inspection of documents
£4,749 + an amount equivalent to 12% of the damages£9,704 + an amount equivalent to 14% of the damages£11,356 + an amount equivalent to 14% of the damages£16,517 + an amount equivalent to 16% of the damages
S5
From the end of Stage 4 up to and including the later of the dates set by the court for service of witness statements or expert reports
£5,368 + an amount equivalent to 12% of the damages£11,356 + an amount equivalent to 16% of the damages£12,388 + an amount equivalent to 16% of the damages£20,647 + an amount equivalent to 18% of the damages
S6
From the end of Stage 5 up to and including the date set for the pre-trial review or up to 14 days before the trial date, whichever is earlier
£6,091 + an amount equivalent to 15% of the damages£15,485 + an amount equivalent to 16% of the damages£16,517 + an amount equivalent to 16% of the damages£24,776 + an amount equivalent to 18% of the damages
S7
Specialist legal representative advising in writing or in conference following the filing of a defence
£1,445£1,755£2,374£2,994
S8
From the end of Stage 6 up to the date of the trial
£6,813 + an amount equivalent to 15% of the damages, less £599 if that party did not prepare the trial bundle£17,550 + an amount equivalent to 20% of the damages, less £898 if that party did not prepare the trial bundle£19,614 + an amount equivalent to 20% of the damages, less £1,239 if that party did not prepare the trial bundle£29,938 + an amount equivalent to 22% of the damages, less £1,445 if that party did not prepare the trial bundle
S9
Attendance of a legal representative (other than the trial advocate) at trial per day, less an amount equivalent to 50% per day where, on any day, the trial lasts no more than half a day
£599£898£1,239£1,445
S10
Advocacy fee: day 1
£3,303£3,613£4,129£5,988
S11
Advocacy fees for subsequent days, less an amount equivalent to 50% per day where, on any subsequent day, the trial lasts no more than half a day
£1,445£1,755£2,065£2,994
S12
Handing down of a reserved judgment and consequential matters, where dealt with separately from the trial
£599£599£599£599
S13
Alternative Dispute Resolution: additional fee payable once only where a mediation or joint settlement meeting takes place
£1,239£1,239£1,239£1,239
S14
Alternative Dispute Resolution: additional fee payable once only for specialist legal representative attendance at a mediation or joint settlement meeting covered by S13
£1,445£1,755£2,065£2,374
S15
Approval of settlement for child, unless the settlement is approved at trial
£1,239£1,445£1,755£2,065
S16
Advocacy fee—
(a) where the claim is listed for trial, but is removed from the list or
settled—
(i) on the day of trial; or
not more than 1 day before the date listed for trial;
100% of the applicable advocacy fee in S10
(b) where the claim is listed for trial, but is removed from the list or settled
more than 1 day, but not more than 5 days, before the date listed for trial
75% of the
applicable
advocacy fee in
S10

 

Fast Track complexity band

Unless the claim is one for noise induced hearing loss, the complexity band to which a claim will normally be assigned in the Fast Track is set out in Table 1.

Table 1
Complexity band 1Complexity band 2Complexity band 3Complexity band 4
(a) road traffic accident related, non-personal injury claims; and(a) road traffic accident related, personal injury claims which are or should have been started under the RTA Protocol; and(a) road traffic accident related, personal injury claims to which the RTA Protocol does not apply;(a) employer’s liability disease claims (other than a claim for noise induced hearing loss);
(b) defended debt claims(b) personal injury claims to which the Pre-action Protocol for Resolution of Package Travel Claims apply(b) employer’s liability (accident) and public liability personal injury claims;(b) complex possession and housing disrepair claims;
c) possession claims;(c) property and building disputes;
(d) housing disrepair claims; and(d) professional negligence claims; and
(e) other money claims(e) any claim which would normally be allocated to the fast track, but is nonetheless complex

 

Intermediate Track complexity band

The complexity band to which a claim will normally be assigned in the Intermediate Track is set out in Table 2.

Table 2
Complexity band 1Complexity band 2Complexity band 3Complexity band 4
Any claim where - (a) only one issue is in dispute; andAny less complex claim where more than one issue is in dispute, including personal injury accident claims where liability and quantum are in dispute.Any more complex claim where more than one issue is in dispute, but which is unsuitable for assignment to complexity band 2, including noise induced hearing loss and other employer’s liability disease claims.Any claim which would normally be allocated to the intermediate track, but which is unsuitable for assignment to complexity bands 1 to 3, including any personal injury claim where there are serious issues of fact or law.
(b) the trial is not expected to last longer than one day, including—
(i) personal injury claims where liability or quantum is in dispute;
(ii) road traffic accident related, non-personal injury claims; and
(iii) defended debt claims
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