Predictive Costs PDF Print E-mail

The Schedule of entitlement is:


CPR 45(7)The dispute arises from an RTA


The total value of agreed damages does not exceed £10,000.00


Formula:



£800 +
20% of the damages agreed up to £5,000 and
15% of the damages agreed between £5,000 - £10,000
12½% success fee


Disbursements pursuant to 45.10(2)


Swatton v Smithhurst Oxford County Court 03.02.05
Butt v Nizami SCCO 05/380 and 383



Indemnity principle not applying to solicitor's predictive costs payable under CPR 45.9.
However there may be challenge to success fee (12½%) and ATE premium.
Make proper enquiries about existing BTE: draw detailed notes of attendance and enquiries undertaken.



SARWAR V ALLAM still relevant. 2001 EWCA 1401


WETZEL V KBC TIDEA SCCO 20.3.07



You must mitigate your loss (client)
Agency invoices for medical reports: The invoice should be properly broken down (see under Medical Agency)



This includes an across the board 12½%.



Have in mind that the 'recovered sum' is not just the general and special damages but also the additional heads of hire; repair and recovery provided that you are able to show a paper trail of work and been involved in the recovery.



Swatton v Smithhurst Oxford County Court 03.02.2005