“Whether counsel are prepared to agree such an agreement is a market issue.
This comes back to the point raised above – if solicitors say “Well these ring fenced fees are good – I think I will instruct a specialist lawyer in my own firm and have the advocacy done in my own firm unless counsel will do it for a lower fee”, then the Bar has a problem.
Success fees for the Bar
As I understand it, the general position now that success fees are not recoverable from the losing party is that counsel are often instructed on a No Win No Fee basis but do not get a success fee in the event of winning.
It is not for me to comment on the rights and wrongs of that – again it is a question of market forces.”
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Lord Justice Jackson’s Fixed Recoverable Costs Report was published on 31 July 2017 and is available here.
This piece develops some thoughts contained in FIXED COSTS AND THE BAR: POST 2 and in due course will be incorporated into that post.
Ring fencing of counsel’s fees in the Fast Track
There is an element of ring fencing counsel’s fees in the Fast Track.
This applies to matters in Complexity Band 4, the details of which are set out above.
These fees are as follows:
Post-issue advice or conference – £1,000.00
Settling defence or defence and counterclaim – £500.00.
Although I refer to the ring- fencing of counsel’s fees, such a fee is also payable to a specialist…
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