The fixed trial advocacy fees for fast-track trials now vary, resulting in three different sets based on various factors.
I created the above flow chart to help practitioners, litigators, and advocates determine the appropriate trial advocacy fee for the type of fast track trial being heard.
Here is a quick guide to the type of fixed trial advocacy fees.
Part 45x.29 trial advocacy fees.
The fixed trial advocacy fees for personal injury cases, applicable to incidents occurring between 31st July 2013, and 1st October 2023, remain consistent across various types of claims. This includes road traffic accidents, employers’ liability, public liability, and holiday sickness cases governed by the Package Travel Regulations. Regardless of the specific category, the fees for trial advocacy will be the same.
They can be found in Tables 6B, 6C and 6D in CPR 45x.29. The ‘x’ is how it is represented in the white book for the version of part 45 that existed prior to the 1st October 2023.
Part 45x.38 trial advocacy fees
Before the 1st October 2023, if a case did not fall under the fixed recoverable costs regime for personal injury matters (such as non-personal injury road traffic accidents), fixed trial advocacy costs were awarded according to Table 9 of CPR 45.38.
These costs were slightly lower than the fixed trial advocacy fees. Additionally, there were specific rules that allowed the court to adjust these amounts, either by limiting or increasing them. In contrast, the trial advocacy fees under the personal injury fixed recoverable costs regime were not subject to such adjustments.
PD 45 Table 12 trial advocacy fees
The updated fixed recoverable cost regime now includes new trial advocacy fees that have been adjusted for inflation. These costs apply to cases where legal proceedings were initiated on or after 1st October 2023. However, there is an exception for personal injury cases, for which the new fixed cost regime applies to matters with a cause of action occurring on or after 1st October 2023.
Additionally, the rules now feature an abated fee scheme. Under this scheme, a party is entitled to receive 100% of the applicable trial advocacy fee if the case is settled or removed from the trial list the day before the trial. If the case is settled or removed from the list more than one day but no more than two days before the trial, the party will receive 75% of the applicable trial advocacy fee.
Information
Alec Hancock is a CILEX Higher Rights Advocate and Litigator in Civil Proceedings. CILEX Regulation is his regulator. He can appear in open Court in all County Court matters, save for family proceedings, and the Senior Courts.
Alec Hancock conducts his advocacy through AJH Advocacy Limited. The Bar Standards Board is the regulator. Alec will attend any Court in England and Wales. He does not charge extra for:-
- Truro County Court
- Bodmin County Court
- Plymouth County Court
- Exeter County Court
- Torquay & Newton Abbot County Court
- Taunton County Court
- Barnstaple County Court
Contact Alec Hancock
Alec Hancock cannot accept instructions from the general public. He can receive instructions from any law firm or entity subject to professional availability and conflict checks.
The Workbox
30 Ferris Town
Truro, TR1 3JJ