Fixed fees on the Fast Track – Our fixed cost approach to Claimant Fast Track litigation

News | Wed 14th Jan, 2015

The 9 Gough Chambers Package

Barristers at 9 Gough Chambers recognise the challenges to providing high quality legal services for clients following the changes to the way that Fast Track cases will be funded from 23rd July 2013. We are committed to providing outstanding legal advice and advocacy on the Fast Track. At 9 Gough Chambers we believe:

• lay clients deserve high standards of specialist advice and advocacy regardless of the value of their claim;
• professional clients want our support and assistance to win cases and maximise damages for our clients;
• the bar should move with the times and provide a new fixed price service which is simple, cost effective and efficient;
• relying on 9 Gough Chambers Barristers to advise, plead and provide advocacy will result in more wins, higher damages and better part 36 costs awards for lay and professional clients.

So we offer A new Advice, Pleading and Support package to clients in Fast Track cases where costs are fixed in the CPR:

We will provide at your request:

• Advice on liability, quantum and evidence;
• Pleadings;
• Telephone or (if needed) face to face conference with solicitor and client;
• Assistance with ad hoc queries by phone or email where reasonably required.

The standard cost of the package will be 15% of the fixed costs that are recovered at the end of the case by the solicitor (excluding disbursements). In recognition of firms sending a high volume of cases the rate will be reduced to 10% of the solicitors fixed costs.

Item by Item work

For those not wanting the total package we will to continue to provide our services on an item by item basis, but for Fast Track work, for which costs are fixed in the CPR, we offer to do so at a fixed price:

We will continue to provide you with outstanding representation for your clients across all areas and at all levels of personal injury and clinical negligence work.

T&Cs for the Package

1. The package is only available where recoverable legal costs are fixed in the CPR in RTA/EL/PL fast track cases.
2. A minimum fee of £150 (plus VAT) will apply.
3. Trial fees are currently allowed as a disbursement under both the Portal and Fast Track Fixed Costs Schemes so we will continue to offer our services in court for trials and interlocutory hearings separately at CPR recoverable rates.
4. The package is available as a CFA.
5. Barristers will only do barrister style work as permitted by the Bar Code of Conduct.
6. Instructing solicitors will provide only the papers necessary for counsel to do the work not the whole file, (e.g. for an Advice on Quantum just the medical report, witness statements/proofs, draft Schedule and relevant supporting documents). In lower value cases the advices may all be in one document rather than separate.
7. A fair use policy will apply so that the solicitor will only call and e-mail for advice where it is reasonable to do so.
8. The way in which written advices are provided may be by e-mail, in writing or by fax and will not necessarily be in a formal written and printed advice.
9. Pleadings will generally be provided by e-mail.
10. Instructions may be sent to barristers on paper or in electronic format.
11. If the case exits the Fast Track fixed recoverable costs scheme then normal hourly rates will apply to all work done by the barrister.
12. If a part 36 offer is beaten and an additional % sum in costs is awarded to the lay client or if interest is awarded or payable on the solicitors costs, those additional costs are included in the calculation of the barrister’s fees.
13. The barrister’s fee notes will state that the fees are as per the package agreement. A sum will be entered on the assumption that the case will settle for £25,000 and will go to trial. The ultimate fixed sum cannot be stated on the fee note until the case is settled or won. Instructing solicitors agree to inform the barristers clerk that the case has settled within 7 days of the settlement and of the amount of the fixed fees recoverable by the solicitor, including interest, excluding VAT.

If you have an questions on this please contact our clerks Adam or Jaime on 020 7832 0500.