Division D: Pre action Protocol - Fees in personal injury cases

Following the abolition of the General Table of Fees on 1 August 2005, the Society has negotiated a replacement for the old Chapter 10 arrangements.

Claims settled after 1 January 2011

The fees for claims settled after 1 January 2011 and dealt with entirely under the Protocol include;

Instruction fee

On settlements up to and including £1,500 -£370
On settlements over £1,500 -£810

Claims settled after 1 July 2009

The fees for claims settled after 1 July 2009 and dealt with entirely under the protocol include;

Instruction fee

On settlements up to and including £1,500 - £358 

On settlements over £1,500- £783

Claims settled after 1 July 2007

The fees for claims settled after 1 July 2007 and dealt with entirely under the Protocol include;

Instruction fee

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

In addition agents may charge a completion fee which is the same regardless of the date of instruction.

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.

NB Medical Agency Fees are not an agreed allowable outlay under the Protocol.

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

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

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

2) 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 scale 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.

Claims intimated prior to 1st January 2006

From 1 January 2006 a Voluntary Pre-Action Protocol in respect of Personal Injury cases is available for use in Scotland. Its terms have been agreed between the Law Society of Scotland and the Forum of Scottish Claims Managers. The Protocol can be found on the Society's website www.lawscot.org.uk. The Protocol is voluntary and not binding. Self insured bodies have not signed up to it at all.

There is a related fees structure which is annexed to this note - "Personal Injury Cases - Protocol Fees from 1 January 2006".

It is always open to a solicitor to offer to negotiate any claim in terms of the Protocol and related fees structure e.g. where it was intimated before 2006 or where the insurer is not in the Forum, but an insurer is not obliged to agree to that.

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