The Ministry of Justice has confirmed there will be an uplift to the fixed costs for trial advocacy fees for Fast Track Trials and Intermediate Track Trials from 6 April 2024.

At present, 100% of the advocacy fee is recoverable for late settlement on the day of trial only. Following the July 2023 consultation on issues relating to the new fixed recoverable costs, the Government have announced that changes will be made to Table 12 and Table 14 of CPR PD 45 to allow advocacy fees to be recovered if the claim is settled or vacated before the trial date.

From 6 April 2024, for claims issued on or after 1 October 2023 and allocated to the fast track, 100% of the advocacy fee will be recoverable for claims settled or vacated on the day of, or the day before, trial. Where a claim is vacated or settled not more than two days before the trial date, 75% of the applicable advocacy fee will be recoverable. This is considered to be an appropriate period, taking account of the preparation that may be required of advocates in these relatively less complex cases.

For claims in the intermediate track, 100% of the fee will be recoverable on the day of, or the day before, trial, and 75% where a claim is settled or vacated not more than five days before the day of trial. It is considered appropriate that something more extensive be given in these types of claims, due to the greater complexity of intermediate cases in the FRC regime, and the longer preparation that will generally be required of advocates.

The changes will apply to claims which were issued on or after 1 October 2023, or in personal injury cases, causes of action which accrued on or after 1 October 2023.