Fixed Costs Explosion

John Bennett
John Bennett

Published: September 8th, 2023

7 min read

On the 1st October 2023 the new fixed costs rules will come into force. These rules extend the current fixed costs recoverable in successful claims, to include all personal injury cases up to a value of £100,000. The Law Society Gazette reports this week, that solicitors will be looking to their clients to recover any shortfall from their clients.

Here at Forbes Solicitors, we will not be doing that.

Providing our clients follow our advice, we limit our costs to the costs we can recover from the party at fault. The only exception being low value RTA whiplash claims where costs are not recoverable. In all other cases, the only deduction is our success fee. This is capped by law at 25%. Although 25% may sound high, it is a maximum. It is capped by a number of factors. It does not apply to any future losses recovered and is limited to the costs recoverable from the other party.

By way of example, if the damages recovered amounted to £10,000. If £5,000 of that represented the past losses, as at the date of settlement, and the remaining £5,000 represented future losses, the success fee would be £1,250. If the case settled quickly and the costs recoverable were limited to £600, the success fee would be limited to 100% of those fees i.e. £600 inclusive of VAT. If our costs were £2,000 the success fee would be limited to 25% of the past loss i.e. £1,250 inclusive of VAT.

If the claim involves a child or a person without capacity, we do not charge a success fee and will limit our costs to the costs recoverable from the opponent, providing our advice is followed.

If you, a friend or relative have been involved in an accident, contact one of the team here at Forbes, for some no win, no fee, no obligation advice. We have been representing clients for over 100 years. We have specialist advisors with many years of experience representing injured clients in road traffic accident claims, work, trip, slips and Clinical Negligence.

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