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ARTICLE · 19 FEBRUARY 2024

Fixed Costs Update: Bar Council And PIBA Secure 'Overdue' Changes

Deka Chambers
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In welcome news for practitioners, changes have this week been announced to address what PIBA describes as ‘long-standing flaws in the fixed recoverable costs (FRC) regime for advocates'.

United KingdomLitigation, Mediation & Arbitration
Theodore Bunce
Theodore Bunce

In welcome news for practitioners, changes have this week been announced to address what PIBA describes as 'long-standing flaws in the fixed recoverable costs (FRC) regime for advocates'. These include:

  1. The failure to increase fixed advocacy fees in line with inflation for over a decade.

    In summary: Advocates' fees will in April see a 23% increase as compared to pre-October 2023. There is, as yet, no sign of an automatic annual inflation-linked increase.

  2. The inability of advocates to recover fees for work done where cases are vacated or settled close to trial.

In summary: On the fast track, advocacy fees will be recoverable at 100% on the day of the trial and the day before, and 75% two days before trial. On the intermediate track, advocacy fees will be recoverable at 100% on the day of the trial and the day before, and 75% up to five days before trial.

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