This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

Fees in pre- action protocol personal injury cases

The fees for claims settled after 1 July 2007 and dealt with entirely under the Protocol comprise the following elements:

1. Instruction Fee

On settlements up to and including £1,500  -  £320
On settlements over £1,500  -  £700

2. Completion Fee.

On settlements up to £2,500 25 %
On the excess over £2,500 up to £5,000 15 %
On the excess over £5,000 up to £10,000 7.5 %
On the excess over £10,000 up to £20,000 5 %
On the excess over £20,000 2.5%


NOTES –

1) In addition, VAT (on all elements) and outlays will be payable.

2) In cases including payment to CRU the protocol fee will be calculated in accordance with the following examples:

(i) Solatium £5,000
Wage Loss £5,000
CRU repayment £2,000
Sum paid to Pursuer £8,000

In these circumstances the protocol fee will be based on £10,000 being the total value of the Pursuer’s claim.

(ii) Settlement as above but repayment to the CRU is £6,000 and only £5,000 can be offset. Payment to the Pursuer is £5,000 and £6,000 to the CRU. The protocol fee will be on £10,000 being the value of the pursuer’s claim, as opposed to the total sum paid by the insurer - £11,000.

3) In cases involving refundable sick pay the protocol fee will be calculated by including any refundable element.