Predictable Costs Scheme: Important RTA Compensation Case Win Against Insurance Company
In a landmark case heard on Monday at The Court of Appeal in London, Camps Solicitors (www.camplaw.co.uk) have won an important battle against insurance companies’ attempts to challenge the predictable costs scheme for road traffic accident claims. It is estimated that the ruling could affect around 100,000 cases a year.
Camps successfully secured compensation for our client, without the need for court proceedings, after she was injured in a road traffic accident. We acted on a no-win no-fee basis and our client received 100% of her compensation. The costs of solicitors in these circumstances are fixed by court rules, and Ged Jones, one of our Associate Solicitors, quite rightly sought this fixed amount. However, the insurance company refused to pay part of these fixed costs, known as a “success fee”.
We were forced to ask the courts to decide who was right; a District Judge agreed with Camps and so did His Honour Judge Stewart, on appeal. The insurers were still not satisfied and asked the Court of Appeal to consider the matter.
At the hearing on Monday, the Appeal Judges, led by Master of the Rolls, Sir Anthony Clarke, came down in favour of Camps’ interpretation of the rules, deciding that claimant solicitors can recover the 12.5% success fee allowed even if there is before-the-event (BTE) insurance in place.
The decision will have a significant impact across the legal profession as it marks a blow to insurance companies’ attempts to effectively price solicitors out of the market by chipping away at costs which are already fixed in law.
Camps Solicitors specialise in road traffic accident and personal injury litigation, therefore this judgement was particularly important to us as the majority of our work is conducted under the fixed costs rules.
Visit the Camps Solicitors website at http://www.camplaw.co.uk for more information or call Neil Worrall, Marketing Assistant for Camps Solicitors on 0151 201 4767
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