The Success Fee Sample Clauses
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The Success Fee. 8.1 The success fee is set at 100% of basic charges whether the claim concludes before or at trial. The success fee percentage reflect
(i) the fact that if you lose, we will not earn anything.
(ii) our assessment of the risks of your case.
(iii) the fact that your claim involves professional type liabilities.
(iv) tl1e fact that if you win, we will not be paid our basic charges until the end of the claim.
(v) our arrangements with you about paying expenses and disbursements.
(vi) the arrangements about payment of our costs if your
8.2 The success fee cannot be more than 100% of the basic charges in total.
The Success Fee. The Success Fee is 100% of your basic charges plus VAT. The Success Fee will apply throughout and in addition shall apply to any interim hearing. No part of the Percentage Increase mentioned above will relate to the postponement of payment of the Solicitors’ fees.
The Success Fee. 7.1. The success fee is set at 100% of our basic charges whether the claim concludes before or at trial. The success fee percentage reflects the following:
(i) the fact that if you lose, we will not earn anything.
(ii) our assessment of the risks of your case.
(iii) the fact that your claim involves professional type liabilities.
(iv) the fact that if you win, we will not be paid our basic charges until the end of the claim.
(v) our arrangements with you about paying expenses and disbursements.
(vi) the arrangements about payment of our costs if your opponent makes a CPR Part 36 offer or payment which you reject on our advice, and your claim for damages goes ahead to trial where you recover damages that are less than that offer or payment.
7.2. The success fee cannot be more than 100% of the basic charges in total.
The Success Fee. 8.1 The success fee is set at 75% of our basic charges, or 100%, if the claim concludes less than 45 days before Trial, including following a Judgment.
8.2 The success fee percentage reflects the following: -
8.2.1 Our assessment of the risks of your case;
8.2.2 The fact that if you lose, we will not earn anything;
8.2.3 Any other appropriate factors;
8.2.4 Our arrangements with you about paying expenses and disbursements;
8.2.5 The risks of recovering damages from your opponent, which is less than their Part 36 Offer which you have rejected, on our advice;
8.2.6 Unless it is expressly stated in writing, no part of the success fee relates to postponement of payment of fees and expenses.
8.2.7 Additional case specific risks which are set out in any risk assessment.
8.3 The success fee cannot be more than 100% of the basic charges in total.
8.4 As your claim may include a claim for Pain, Suffering and Loss of Amenity, for psychological or psychiatric injury, there is a maximum limit, in percentage terms, on the level of success fee which we can recover from you.
8.5 That maximum limit is 25% of the total amount of any claim for General Damages for breach, distress or pain suffering and loss of amenity as well as damages for pecuniary loss. Claims for future pecuniary loss are unaffected.
8.6 The maximum limit in percentage terms that is applicable is net of any sums recoverable by the Compensation recovery Unit of the department of Work and Pensions. The maximum limit (25%) is inclusive of VAT charges at the prevailing rate.
8.7 The maximum limit, in percentage terms, only applies to a success fee for proceedings at first instance. The maximum limit would not apply, for example, to any Appeal by your opponent.
8.8 In the event of a dispute regarding the calculation of the success fee, the parties agree for the dispute to be determined by an independent barrister of at least 10 years call, to be appointed by agreement between us. In default of agreement, the barrister be appointed by the President of the Law Society of England and Wales, such barrister to act as expert, not arbitrator and his/her decision shall be binding. The barrister’s fees are to be met by the losing party to the dispute.