Depending on the circumstances of your case, together with our assessment of your financial position, we can progress your Judicial Review case in one of the following ways:
- Hourly rate basis; (see below)
- Conditional Fee Arrangement (typically known as a no -win – no fee arrangement); or
- Discounted Conditional Fee Arrangement (where you pay a financial contribution to your case and the remainder is progressed on a no-win less fee basis).
You will be informed at the outset as to which financial arrangement we would intend to undertake the proceedings under. Should your case fall under option 2 or 3 then we will be asking you to review and sign a separate agreement which sets out the full terms of the retainer.
In Judicial Review proceedings and possibly during certain stages on appeal, the Courts / Tribunals have the power to award costs for and against you. These costs can include disbursements such as court fees and our legal fees.
When proceedings have concluded, the Courts can typically make one of the following orders in relation to costs:
- Award you costs (generally happens when your case is successful);
- No order as to costs (this is typically ordered when neither you nor the Home Office wins the case outright);
- Award costs against you (this is typically ordered if you have lost the case); or
- Award partial recovery of costs to either you or the Home Office (this depends on the outcome of the case).
Your case could also be settled during the proceedings by way of negotiation and should a mutual agreement with the Home Office be achieved that this can ultimately settle your case with costs payable to you. This is typically agreed in a Consent Order (equivalent to a Court Order) which ordinarily brings the proceedings to a conclusion.
As stated above, you should be aware that if your case is unsuccessful, you may be ordered to pay the costs which the Home Office has incurred in defending the proceedings. Please note that in this event and depending on which option (1-3 as above) you may be liable to make payment of our total fees, whether in full or discounted. These fees would be payable in addition to paying the total costs incurred by the Home Office in accordance with the Order of the Court. If however there is no order as to costs then you will only be liable to pay our fee (if this is applicable).
Please note that if there is a costs award made in your favour, this would essentially mean that the Government must pay your legal costs, i.e. generally the fees you have paid to us in progressing the judicial review or at the subsequent appeal stage (if applicable). This will also include all correspondence exchanged between us and the Home Office before filing your claim for Judicial Review. The default position is that our total bill chargeable to you will be submitted to the Home Office for payment. When our fees and costs are agreed – the Home Office would be required to pay the total agreed costs in accordance with our hourly rates which have been applied in your case (see further below).
If your case is successful and costs are awarded in your favour, you will receive the amount which has been agreed with the Government, subject to any shortfalls and after paying our legal costs.
If your case is unsuccessful and costs have been awarded against you then you will be required to pay the agreed costs of the Government.
Please note however that following the Court’s guidance of cost proportionality, it is highly unlikely that we will recover our full fees. You are of course entitled to see our full bill of costs.
1. Hourly rate
You would be liable to pay our fees if we have undertaken your case on an hourly rate (see below) irrespective of the outcome of your case. If you have paid most or all of our legal fees as per our final bill – we will seek to recover this from the Government (including any disbursements) should your case be successful and a cost award has been made in your favour.
You would also be liable to pay all disbursements associated to your case.
2. Conditional Fee Arrangement
You are liable for our total fees if your case is successful but we will recover our fees from the losing party.
If your case is unsuccessful, you will not be liable to pay our fees. You might be ordered by the Court to pay the Government’s costs.
You will be liable for all disbursements irrespective as to the outcome of your case.
3. Discounted Conditional Fee Arrangement
You would be liable for a percentage of our total fees if your case is successful. The remainder of our fees would be recovered from the losing party.
If your case is unsuccessful, you will be liable to pay our reduced fees. You might be ordered by the Court to pay the Government’s costs.
You will be liable for all disbursements irrespective as to the outcome of your case.
In addition to our legal fees, we may also be entitled to deduct between 30 -50% of any damages we recover on your behalf. This will depend on the complexity of your case and will be agreed from the outset of your matter.
Our current hourly rates
| Partner | £492 – £512 |
| Solicitor with at least eight years’ experience | £348 – £492 |
| Solicitor with at least four to eight years’ experience | £270 – £356 |
| Solicitor with less than four years’ experience | £186 – £272 |
| Trainee, paralegal or equivalent | £166 |
