Pre-Action Protocol and Fees
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.
