header-logo header-logo

Fees fi fo fum

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

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll