Analysis of the new Comerton Scale

The Comerton Scale outlines the fees which barristers are entitled to mark in High Court personal injury cases. The scale was last revised in 2019 and has now been further updated with the new scale coming into effect on 1 January 2025.

The scale has been prepared by the Bar Council with reference to the principles laid down in the cases of Simpson Motor Sales (London) –v- Hendon Corporation 1964 All ER 833; Boyd –v- Ellison 1995 NI 435, and David William James Crozier, by John David Crozier, his next friend –v- Derek Lyons 2004 NIQB 18.

The table of fees is principally aimed at assisting members of the Bar with agreeing fees with their instructing solicitors and clients so as to avoid the lengthy process of having their fees taxed by the Taxing Master.

The fee levels are recommended for personal injury cases. Different fees might be appropriate for other types of claims with industrial disease claims being the obvious example.

The new Comerton Scale has introduced an uplift in fees across the board. Fees have increased in every band and for every stage of proceedings, with the level of uplift varying from 19% to 37.5%. The greatest increases apply in the following categories:-

* Cases with a value of up to £40,000 (the lowest band in this scale) which either settle:-

- post-listing where liability is admitted; or

- as a result of early negotiations where liability is denied.

* Cases with a value of up to £800,000 which settle post-listing and in which liability is denied.

In contrast, the most modest increases in fees will apply to cases where the value is in the up to £500,000 band, where liability has been admitted and which settle during early negotiations.

Some aspects of the scale have not been changed, most notably the overall bands and categories used to calculate the fees. The fee levels are based on either a. the case settling through early negotiations or b. after being listed for hearing. Each of these categories is then further divided according to whether liability has been admitted or denied.

The position remains that the fees which can be levelled for settling a liability denied case at the early negotiation stage match the fees for settling liability admitted cases which are listed. This reflects the additional complexity and level of work required in denied liability cases.

Finally, the rule that junior counsel should mark their fee based on 5/6 of the scale if acting without a senior remains unchanged.

If you would like further information, please contact Catriona Lilley or another member of the Defence Insurance Litigation team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice that is tailored to your circumstances.