header-logo header-logo

26 July 2016 / David Wright
Categories: Features , Costs , Budgeting
printer mail-detail

Fees fi fo fum

David Wright discusses fixed advocacy fees

Is the trial advocacy fee payable where no court advocacy has actually taken place?

The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO success fee regime where a higher success fee was payable where a case concluded at trial. The problem arises when the case settles at the doors of the court and under the old r 45.16, such case law as there was indicated that if the trial had not actually begun, then the higher success fee could not be claimed.

The post-LASPO equivalent of this is part IIIA of CPR 45, and table 6B within r 45.29C, where a higher fee is payable if the claim is disposed of at trial. Under section C of table 6B, it is made up of three parts: £2,655, 20% of the damages and the relevant trial advocacy fee.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll