Level of fees
One can already see in costs budgeting exercises carried out for NIHL claims that defendants set out very detailed submissions on what they assert should be the claimant’s costs: this work will naturally evolve into proposals for what the costs of the case should be, when a fixed-costs scheme is brought in. The assumptions used by the insurance industry will be very significant.
It cannot be forgotten that the figures in the Ministry of Justice portal, and the protocol which applies to road traffic accident claims, took legal aid rates as the basic assumption, rather than even grade D guideline hourly rates.
The actual figures will be a fraction of those currently claimed and often awarded on detailed assessment. If one considers the fixed costs which apply to road traffic accidents, it was not so long ago that £20,000 for a fast-track case that went to trial with 100% success fees was the norm.
http://www.lawgazette.co.uk/law/practice-points/noise-induced-hearing-loss-claims/5051007.article
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