Funding your compensation claim
There are various options for funding your claim and we hope that the information below helps to clarify the financial arrangements we can offer or assist you with.
Options available:
Further information can also be found on:
Conditional Fee Arrangements (eg “no win no fee” agreements)
Many types of claim are suitable for a Conditional Fee Agreement, commonly known as 'no win no fee' arrangements. This is by far the most popular method of funding litigation.
Successful claims
If your case has been taken on a “no win no fee” agreement basis we will only be paid if the claim is successful. We will also be entitled to an extra fee (known as a success fee). Both our fees and the extra fee are normally paid in whole or part by the losing party.
Any disbursements (eg court fees or the fee for a medical report) incurred are also normally paid in full or part by the losing party.
Please note that you will not be liable to pay for any costs on top of those that the losing party is ordered to pay.
Unsuccessful and discontinued claims
If your case is unsuccessful or discontinued you:
- will not have to pay us
- will probably have to pay the costs of the successful party (see: after the event insurance)
- will have to pay any other incurred costs eg disbursements
Success fee
In return for taking the risk of not being paid if you lose or discontinue your claim, we are entitled to claim an uplift on our charges of between 12.5% and 100%. This is known as the “success fee” it is payable only if you win and is claimed as part of your costs from the losing party. If there is a shortfall in what is claimed and what is recovered, we guarantee that we will not pass this on to you.
After the event insurance
If we are not able to settle your claim for compensation by negotiation, we might advise you to issue Court Proceedings. If court proceedings are issued and you lose or discontinue your case, whilst you would not be liable for our costs, you would still be liable to pay your opponents legal costs.
We can arrange insurance to cover you against these liabilities. We will recommend a policy to suit your particular claim on the basis that the premium is deferred (ie not payable) until the end of the case. If you win, the cost of the policy is claimed from the losing party and if you lose or discontinue, there is nothing to pay.
Legal expenses insurance
It is common these days for you to have Legal Expenses Insurance either as an extension to a Motor Insurance Policy, a Home Contents Policy or Specialist Legal Expenses Insurance. We ask you to check all your policies of insurance. If you have insurance, we will ask your insurer to nominate us to act for you.
Public Funding - ("legal aid")
Legal Aid (or properly known as Public Funding) is not normally available for accident compensation claims, including claims for asbestos disease. However, depending on your particular circumstances, we will look into your eligibility for Public Funding.
Medical Negligence:
Public Funding is available for medical negligence claims subject to an assessment of the merits of the case and your finances.
Trade union:
If you are a member of a Trade Union, you may be entitled to free legal advice. Some employers provide legal costs insurance cover for employees. Please let us know if this is the case and we will be happy to act for you. We are already panel members for a number of major Trades Unions.
Privately paying clients
Some clients choose to be personally responsible for our charges and expenses. We do not normally recommended this to clients as the best option; however we will be happy to discuss personal funding with you.
How our costs are calculated
Unless you choose to pay for your case in person, you will not actually have to pay our charges. However it is right that we should explain how we charge and indeed a Law Society requirement that this is explained to you. Like any solicitor our charges will be calculated mainly by reference to the time actually spent by the solicitors and other staff for the work which they do on your behalf. This could include meetings with you and perhaps others, reading and working on papers, correspondence, including emails, telephone calls, preparation of any detailed cost calculations and time spent travelling away from the office, when this is necessary.
From time to time we may arrange for some of the work to be carried out by persons not directly employed by us such as a medical consultant or barrister. These costs, together with other costs such as Court fees are known as “disbursements”.
Timescales for claiming compensation
We expect claims to last between 9 to 12 months. We aim to visit all clients in their own home at least once during this time and often on several occasions.
If you would like any further information on funding your claim, please contact us on our, no obligation, online enquiry form and we will call you back or you can call us directly on 0844 858 3200.
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