Litigation

Whatever the nature of your dispute and whichever side you are on, we are here to help.

The term litigation can cover a wide range of services. Essentially it involves some form of
dispute where one side is seeking to obtain something from the other.  Most commonly it is money, but it can include other matters such as property, or an order to force or prevent someone from doing something.

For information on costs please see Debt Recovery Costs.

Fixed Costs Regime

What is it?

The fixed cost regime sets out the costs a successful party can recover from the other party to cover their legal fees in a litigation claim. The amount recoverable depends on the track allocation of a claim and the new regime, that is coming into force on 1^st October 2023, is introducing a new track, the intermediate track, which introduces many changes to the costs recoverable by a winning party and a new band and complexity system.

Who does it apply to?

The new regime will apply to any claimant issuing a claim on or after 1^st October 2003 and whose claims are £100,000 or less, including non-monetary claims such as injunctions.

What is the main difference?

The main difference is that the costs in which a successful party can recover from the other party in claims valued under £100,000, are now fixed depending on the band and complexity of their claim. This will mainly affect the claims within the new intermediate track as claims between £25,000 and £100,000 will fall within the new track. Parties should decide between themselves which band (1-4) their claim falls in and if they fail to agree, the court will assign them to one.

Things to be conscious of

Claimants and defendants are advised to calculate and be aware of their solicitors costs in order to decide whether the fixed recoverable costs for their band is sufficient to cover their fees if their claim is successful. If the fixed recoverable costs for their band is not sufficient enough, they will need to consider if it is worth pursuing an action at court because they could face a loss as the fixed cost regime only applies between parties.

It is also advised that before proposing a claim, a potential claimant should have already decided to issue a claim because if a claim is proposed and then not issued, the claimant will be liable for any legal costs the defendant has incurred so far.