Legal Costs : Recovery and Disputes

 

Civil Litigation Costs

 

You can expect to incur costs when starting most legal proceedings and investigations, but litigation and court fees are quite steep, and parties are usually encouraged to settle out of court to save both time and money. Civil litigation is commonly associated with claims for compensation from a personal injury or medical negligence claim.

In most instances, legal fees are covered by the winning party against the losing party, unless stated otherwise by a costs order. Reforms made in 2013 by Lord Justice Jackson have since meant that civil litigation costs in fast track cases are subject to fixed costs, meaning no provisional or detailed assessment hearings are required. A detailed assessment is usually required in most multi-track cases.

It is important to note that costs in civil litigation cases can significantly vary, and as such, the costs involved can vary too. Costs can depend on how complex the claims are, the subject of the claim, solicitors’ fees and court fees.

Fixed costs vs standard costs

Costs of civil litigation cases will either fall under fixed recoverable costs or standard costs. Fixed cost rules were introduced in 2013 by Lord Justice Jackson and essentially means the costs you are able to recover will generally be lower, providing the case value is less than £100,000. Cases surrounding personal injury, road traffic accidents and employers’ liability tend to fall under the fixed costs regime and are usually allocated to the small claims track or fast-track.

If a case is placed on the multi-track route, then it generally means the case is more complicated and has an estimated value of over £100,000. This also means that your legal costs will fall under standard costs, in which a costs budget and bill of costs will be needed. Costs in multi track cases are usually negotiated and agreed using the process of detailed assessment.

A cost budget is a detailed document that outlines the costs expected to be recovered at the outset of a case and the bill of costs comes at the end of the case in which details surrounding the fees of solicitors, courts and experts are laid out, providing the losing and paying party with the information about the legal costs that came alongside the ongoing case. You should ensure that proportionate costs are detailed on the bill of costs as costs which are not proportionate to the case will usually be disallowed.

How can Greener Costs assist with Civil Litigation Costs?

Our team of Costs Lawyers and Costs Draftsmen have many years of experience surrounding civil litigation costs, including costs drafting and negotiation. We are able to assist clients from all backgrounds on a range of cases, whether you are the paying party of receiving party. We can help your case from the start of your dispute and can see it through all the way to representation at detailed assessment hearings and high court cases.

With our extensive knowledge of the civil justice system and our highly skilled team of Costs Draftsmen, we can provide law costing services to clients throughout England and Wales. We are also proud to be represented on Your Legal Advisor’s panel of costs experts. 

Greener Costs is the UK’s first net positive legal costs company, and our aim is to assist your law farm in costs services whilst also helping you become more carbon neutral. Our operations are fully paperless, and we commit to planting 25 trees per instruction. At the end of the year, we will send you a report detailing how much of your emissions have been offset by instructing our team.

If you wish to speak to a member of the team here at Greener Costs then please contact us at 01204 263047, info@greenercosts.co.uk or use the online form on our website below. 

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