The Relevant Compensation
Specifically, the Cap is 25% of the compensation awarded to you for your pain, suffering and loss of amenity and pecuniary loss, other than future pecuniary loss (but net of
any sums recoverable by the Compensation Recovery Unit), inclusive of VAT (the Compensation Recovery Unit seeks the repayment of any state benefits you receive as a
consequence of your accident, such as sickness benefits, if you recover loss of earnings to cover the same period as part of your compensation, so this does not ‘count’
towards the 25% Cap on the Success Fee).
You are liable for the fixed but Capped Success Fee.
Examples:
Our Basic Charges and Success Fee Generally
We shall seek to recover our Basic Charges and any VAT from your opponent, but to the extent we cannot recover them, you must pay them.
The Success Fee can never be recovered from your opponent. Accordingly, the Success Fee is something that you will be liable for if you win your claim.
You must therefore pay any unrecovered Basic Charges and the Success Fee, out of your compensation.
Depending on the type of medical report required, these can vary from £216 upwards. An example would be where an individual
who suffered a whiplash injury in a Road Traffic Accident may only require a GP complied medico legal report. Such reports are
fixed under the CPR 45 to £216 inclusive of Vat. However, where an individual who has suffered some bony injury such as fracture,
they may require an orthopaedic report, which can again vary from £504 inclusive of Vat upwards. Specialist reports can cost more,
these can region from £1500 plus vat upwards
.
Engineers fee could be from £180 inclusive of Vat to £2500 inclusive of Vat. Engineers fee can vary as sometime the courts want
both parties’ engineers to have a discussion report compiled. This report aids the court to narrow any issues relating to liability or
causation.
Therefore, continuing from the above example, wherein the client received £5000 in damages, the success fee will be £1250 inclusive of Vat. If
there are no complexity, the engineers report fee would have been £180 inclusive of Vat, medical report fee would be £216 inclusive of Vat. The
claim was settled within the three years of limitation, therefore, no court fees had to be paid, the total clients bill be £1484 inclusive of Vat and
disbursements. Subject to the Fault Party covering the disbursements on a successful outcome of the claim, the client will only pay £1250 from
his damages. Should the Fault Party fail to pay any disbursements relating to the clients claim, the client will be liable to pay these from their
damages.
When a case is issued in court, a fee is required to be paid. Depending on the value of the claim, this can vary from £35 to
£10,000. Please click here to be re-directed to the Gov Website listing all court fees
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