Fixed Recoverable Costs Calculator, July 2013 2
Instructions This calculator is designed to assist in
calculation of the costs that will be payable for a case that
settles under the extended MoJ Scheme. The calculations are
accurate for RTA cases concluded under the 2010 Pre-Action Protocol
for Low Value Personal Injury Claims in Road Traffic Accidents
(including Stage costs and Predictable Costs) and within the
extended 2013 Protocols and Fixed Recoverable Costs regime now in
force.
1. Enter settlement amount1 this may be done by rotating the
dial or entering the settlement figure in the box 2. Click on drop
down menu to enter stage of settlement of claim 3. Click on drop
down menu to enter accident type 4. Enter date of accident or CNF
as prompted 5. London firm default is no but if the claimant lives
or works and his / her solicitor practises in London2 then click on
the box
to alter the no to yes 6. Settled at Trial default is no but
click on the box to alter the no to yes if the matter proceeds to
trial. The prescribed
Advocacy Fee3 will be added. Exclude any Advocacy fee from the
Disbursements if Counsel appeared at Trial. Note that Trial does
not include a Stage III paper or oral adjudication where 250 or 500
+ VAT should be added to the Stage I/II total.
7. Enter recoverable disbursements inclusive of VAT remembering
that claimed disbursements are not all recoverable. Berrymans Lace
Mawer LLP 2013 Disclaimer This document does not present a complete
or comprehensive statement of the law, nor does it constitute legal
advice. It is intended only to highlight issues that may be of
interest to clients of Berrymans Lace Mawer. Specialist legal
advice should always be sought in any particular case. Information
is correct at the time of release.
1 Small Claims Track Note that the SCT applies where the General
Damages component of a personal injury award is less than 1,000: in
those circumstances no costs are payable. When entering the
settlement amount ensure that the General Damages are 1,000 or
more
2 The Civil Procedure Rules define London as the county court
districts of Barnet, Bow, Brentford, Central London, Clerkenwell
and Shoreditch, Edmonton, Ilford, Lambeth, Mayors and City of
London, Romford, Wandsworth, West London, Willesden and Woolwich
and (albeit outside London postcode areas) the county court
districts of Bromley, Croydon, Dartford, Gravesend and
Uxbridge.
3 The Advocacy Fee that has been applied is that prescribed by
the Civil Procedure (Amendment No 6) Rules 2013 which are 15 to 30
greater than the figures that were widely circulated before
publication of the Rules on 12 July 2013.
