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Litigation Letter

Fixed employers’ liability success fees

Agreement has been reached through the brokering of the Civil Justice Council on fixed success fees in employers’ liability accident claims. The success fee will be 25% of base costs in respect of claims settled before trial and 100% where the action goes to trial. There will be an additional 2.5% success fee for pre-trial settlements where the claim is funded by a body in accordance with s30 of the Access to Justice Act 1999. Barristers will be entitled to the same fees but also to a success fee of 50% for fast-track cases that settle within 14 days of trial, and 75% for multi-track cases that settle within 21 days of trial. The agreement has been placed before the Rules Committee for implementation later this year.

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