Litigation - Fixed Fees

Fixed fee costs for litigation

We want to give you as much information as possible about fees. This is a complex and ever-changing area of law and we would refer you to the government’s pages where the law is at its most up to date, which can be found here.

As our documents explain, you are responsible for all of our costs and your opponent, if you win or agree a settlement, will pay some contribution to your costs. The below information sets out in detail what your opponent will be liable to pay. There is a lot of jargon and legal terminology here, which cannot be avoided as the rules themselves use these terms. We can discuss and explain any aspect of this to you at any time.

These rules apply to personal injury cases with a total value under £25,000, but sometimes can apply to higher value cases if they were started under the Claims Portal, if the value was unknown at that time. Not all types of injury are covered by these rules, but road traffic accidents (with some exclusions), accidents at work (including industrial illnesses), accidents on privately occupied premises or land, or claims made on public premises or land, or of a similar nature, are covered by these rules. If you do not know which rules apply, you can ask us.

The following fixed recoverable costs are payable by your opponent if you win:

If the case settles in the Ministry Of Justice’s Claims Portal (MOJ Portal):

TABLE 6

Fixed costs in relation to the RTA Protocol
Where the value of the claim for damages is not more than £10,000		Where the value of the claim for damages is more than £10,000
Stage 1 fixed costs	£200	Stage 1 fixed costs	£200
Stage 2 fixed costs	£300	Stage 2 fixed costs	£600
Stage 3 – Type A fixed costs	£250	Stage 3 – Type A fixed costs	£250
Stage 3 – Type B fixed costs	£250	Stage 3 – Type B fixed costs	£250
Stage 3 – Type C fixed costs	£150	Stage 3 – Type C fixed costs	£150

TABLE 6A

Fixed costs in relation to the EL/PL Protocol
Where the value of the claim for damages is not more than £10,000		Where the value of the claim for damages is more than £10,000
Stage 1 fixed costs	£300	Stage 1 fixed costs	£300
Stage 2 fixed costs	£600	Stage 2 fixed costs	£1300
Stage 3 – Type A fixed costs	£250	Stage 3 – Type A fixed costs	£250
Stage 3 – Type B fixed costs	£250	Stage 3 – Type B fixed costs	£250
Stage 3 – Type C fixed costs	£150	Stage 3 – Type C fixed costs	£150

Example: If your opponent admits liability but does not make a sufficient offer to settle your case, the matter will proceed to a ‘Stage 3 Hearing’ and they will be ordered to pay Stage 1, Stage 2, Stage 3 Type A and Stage 3 Type B costs (i.e. £1000 plus VAT).

If the case exits the MOJ Portal, the following tables of costs will apply to Road Traffic Accidents:

TABLE 6B

Fixed costs where a claim no longer continues under the RTA Protocol
A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
Agreed damages	At least £1,000, but not more than £5,000	More than £5,000, but not more than £10,000	More than £10,000
Fixed costs	The greater of: (a) £550; or (b) the total of: (i) £100; and (ii) 20% of the damages	The total of: (a) £1,100; and (b) 15% of damages over £5,000	The total of: (a) £1,930; and (b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	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 to the date of trial
Fixed costs	The total of: (a) £1,160; and (b) 20% of the damages	The total of: (a) £1,880; and (b) 20% of the damages	The total of: (a) £2,655; and (b) 20% of the damages
C. If the claim is disposed of at trial
Fixed costs	The total of: (a) £2,655; and (b) 20% of the damages agreed or awarded; and (c) the relevant trial advocacy fee
D. Trial advocacy fees
Damages agreed or awarded	Not more than £3,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£710	£1,070	£1,705

Example: If your case settles for £2,000 after we have issued court proceedings, but before the Court have allocated the matter to a track, then the costs recoverable from your opponent would be £1560 (i.e. £1160 plus 20% of £2000).

The following tables apply to EL/PL cases that no longer continue in the governments claims Portal:

TABLE 6C

Fixed costs where a claim no longer continues under the EL/PL Protocol – employers’ liability claims
A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
Agreed damages	At least £1,000, but not more than £5,000	More than £5,000, but not more than £10,000	More than £10,000
Fixed costs	The total of: (a) £950; and (b) 17.5% of the damages	The total of: (a) £1,855; and (b) 12.5% of damages over £5,000	The total of: (a) £2,500; and (b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	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 to the date of trial
Fixed costs	The total of: (a) £2,630; and (b) 20% of the damages	The total of: (a) £3,350; and (b) 25% of the damages	The total of: (a) £4,280; and (b) 30% of the damages
C. If the claim is disposed of at trial
Fixed costs	The total of: (a) £4,280; (b) 30% of the damages agreed or awarded; and (c) the relevant trial advocacy fee
D. Trial advocacy fees
Damages agreed or awarded	Not more than £3,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£710	£1,070	£1,705

Example: If your Employers liability case settles for £4,000 after we have issued court proceedings, but before the Court have allocated the matter to a track, then the costs recoverable from your opponent would be £3430 (i.e. £2630 plus 20% of £4000).

TABLE 6D

Fixed costs where a claim no longer continues under the EL/PL Protocol – public liability claims
A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
Agreed damages	At least £1,000, but not more than £5,000	More than £5,000, but not more than £10,000	More than £10,000
Fixed costs	The total of: (a) £950; and (b) 17.5% of the damages	The total of: (a) £1,855; and (b) 10% of damages over £5,000	The total of: (a) £2,370; and (b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	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 to the date of trial
Fixed costs damages	The total of: (a) £2,450; and (b) 17.5% of the damages	The total of: (a) £3,065; and (b) 22.5% of the damages	The total of: (a) £3,790; and (b) 27.5% of the damages
C. If the claim is disposed of at trial
Fixed costs	The total of: (a) £3,790; (b) 27.5% of the damages agreed or awarded; and (c) the relevant trial advocacy fee
D. Trial advocacy fees
Damages agreed or awarded	Not more than £3,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£710	£1,070	£1,705

Example: If your public liability case settles for £6,000 after we have issued court proceedings, but before the Court have allocated the matter to a track, then the costs recoverable from your opponent would be £3500 (i.e. £2450 plus 17.5% of £6000).