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
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