Report comment

09:41

I am 08:59 (this must be GMT as it was around 09:59 when I posted it).

You are of course correct, but I didn't want to go into the minutiae of the costs advice because it is a Friday. But you can simply say:

1. We charge SCCO rates
2. We will charge you for the work done (you have the right to assessment etc etc)
3. There are FRC that we will give credit for
4. If the costs that exceed the FRC we will charge you the balance, but
5. In charging you the balance we will not deduct more than 25% of any damages, inc of VAT.

This way you don't need a success fee at all and if you're really lucky the fixed costs will reflect the work actually done and so no damages need to be deducted.

I still really don't like deductions from damages of any type be it success fees or even ATE premiums.