David Wright considers the question of when a trial starts, for the purposes of an additional costs payment
The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO (Legal Aid, Sentencing and Punishment of Offenders Act 2012) success fee regime where a higher success fee was payable where a case concluded at trial. The problem arises when the case settles at the doors of the court and under the old r 45.16, such case law as there was indicated that if the trial had not actually begun, then the higher success fee could not be claimed.
Post-LASPO
The post-LASPO equivalent of this is Pt IIIA of CPR 45, and table 6B within r 45.29C, where a higher fee is payable if the claim is disposed of at trial. Under s C of table 6B, it is made up of three parts: £2,655, 20% of the damages and the relevant trial advocacy fee.
