Guildhall’s Personal Injury Team’s response to Sir Rupert Jackson regarding fixed recoverable costs

Barristers in the following teams most often charge on the following basis for the following areas of work (in each instance please contact the clerks to check that this system of charging will be applicable for your case):

• Administrative and Public Law work is most often charged (or calculated) on the basis of an hourly rate.
• Court of Protection work is most often charged (or calculated) on the basis of an hourly rate.
• Clinical negligence and personal injury work is most often charged (or calculated) on the basis of an hourly rate.
• Commercial work is most often charged (or calculated) on the basis of an hourly rate.
• Costs and litigation funding work is most often charged (or calculated) on the basis of an hourly rate.
• Criminal work on a private basis (where the client is not eligible for legal aid) is normally charged (or calculated) on the basis of an hourly rate fixed fee.
• Employment and discrimination work is most often charged (or calculated) on the basis of an hourly rate for advisory work. Representation in court is most often charged on the basis of a fixed fee.
• Insolvency work is most often charged (or calculated) on the basis of an hourly rate.
• International and offshore work is most often charged (or calculated) on the basis of an hourly rate.
• Property and estates work is most often charged (or calculated) on the basis of an hourly rate.
• Regulatory and disciplinary work is most often charged (or calculated) on the basis of an hourly rate.
• Sport law work is most often charged (or calculated) on the basis of an hourly rate.

Please note that this is guidance for the approach which is taken in most cases in the relevant area of work. It does not preclude the barrister from charging fees on an hourly rate or a fixed fee basis (as appropriate) where the circumstances of the case, the work which the barrister is required to undertake, and the nature of the instructions best suit that model. 

All fees are charged exclusive of VAT (where applicable).

Whether the fees are to be charged on an hourly rate or a fixed fee basis there will be certain factors which may increase the level of work involved, and therefore the fees which are likely to be charged (or the number of hours involved). Those factors include:

• The seniority of barrister required for your case. The more experienced the barrister (which is normally calculated on the number of years since they were called to the bar) the higher the likely level of fees to be charged.
• The number of papers involved in the case and/or the complexity of the factual issues involved.
• The time in which you require the work to be turned around and/or the services to be provided. More urgent work will often involve a higher level of fee (for example if this involves the barrister working over a weekend or prioritising your case over other work).
• The amount of time that your case will require the barrister to be in court.
• The amount of travel time required for the barrister to get to and from court. Travel time is usually charged at half the barrister’s hourly rate.
• The complexity of the legal issues involved.
• The significance of the case more generally, for example if the case has wider ramifications for the client generally and/or public or legal significance.

If you are concerned about the level of fees which may be involved in your case please inform the clerks at the earliest opportunity who will be able to discuss with the barrister how costs can be managed on the case.

Please not that fee indications are (unless expressly agreed otherwise) not “caps”, and if a barrister is required to do work on the case, then they will charge accordingly. We will always aim to inform you if the fees on the case are likely to exceed the fee quotes or estimates previously provided.

The best way to manage the level of the fees is to discuss the circumstances of your case (including any issues regarding fees) with the clerks when initially seeking to instruct a barrister.