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@annonymous 22/03 13:14

A few points to note/make. I've put them in capital letters not because I am shouting but to make it easy to identify what I am saying.

f you act for a Client with a serious injury and obtain damages of 200k and take 25% , then that is wrong.. THE SUCCESS FEE IS AN UPLIFT ON THE SOLICITORS COSTS, BASED ON RISK. IT IS THE REWARD WE ARE ALLOWED FOR TAKING ON RISKY CASES WHEREIN WE MIGHT NOT GET PAID.

IF, FOR EXAMPLE, BASE COSTS ARE £120k INCLUDING VAT THE SUCCESS FEE IS £120K ALBEIT IT IS CAPPED AT 25% OF DAMAGES SO IN THE EXAMPLE OF £200k DAMAGES, THE CAP IS £50k. SO, PROVIDED YOU HAVE CORRECTLY AND FAIRLY ASSESSED THE RISK YOU ARE ENTITLED TO TAKE THE £50k.

IF THE COSTS WERE £12k INCL VAT THEN THE SUCCESS FEE WOULD BE £12K AND THAT IS THE MAXIMUIM AMOUNT THE SOLICITOR COULD DEDUCT.

THE 255 FIGURE IS A CAP NOT A TARGET. IF A SOLICITOR WANTS TO TAKE 25% OF CLIENT'S DAMAGES AS OF RIGHT THEY NEED TO ENTER INTO A DBA BUT WOULD HAVE TO GIVE C £ FOR £ CREDIT FOR COSTS PAID BY D.

However if you obtain 3k and take 25% how is that going to be a profitable for [the] Solicitors. If the success fee is slashed to 12.5% then you are left with £375. Are they going to take 25% of that ? Just over £90 including VAT.

SEE POINT ABOVE RE HOW THE SUCCESS FE IS CALCULATED.

AS I UNDERSTAND IT, THE ISSUE IN THE PRESENT CASE IS THAT IT IS ALLEGED THAT HH DID NOT UNDERTAKE ANY OR ANY ADEQUATE RISK ASSESSMENT AND INSTEAD APPLIED A FIGURE OF 1005 ACROSS THE BOARD IRRESPECTIVE OF THE RISKS THAT THE PARTICULAR CASE PRESENTED.
I believe the ATE position should be looked at. In 2013 I was offered ATE at £100 without commission or £150 with Commission. The ATE
providers were also to blame as some indicated they were unlikely to grant cover for a one off case. Insure all you case load or else.

A PREMIUM OF £349 DOES SEEM EXCESSIVE TO ME.. I UNDERTAKE LOW VOLUME RTA WORK AND CAN GET A PREMIUM ON A ONE OFF BASIS FOR CIRCA £100.00 INCLUDING IPT.