LEGAL FUNDING

Personal Injury fees – Pay nothing if unsuccessful

With our personal injury claims we use what was known as a no win no fee arrangement, correctly called a Conditional Fee Agreement. This agreement means that if you are successful then we are able to recover our costs from the defendant and a precentage of the compensation (but not future losses) up to a maximum of 25%. The percentage is worked out by a risk assessment based upon the likelihood of success or if it goes to trial.  Often this figure is never any more than 15%.  This means that you will not receive a bill, just a deduction from your compensation.

If you win a case then the legal costs are paid to your solicitor, along with the success fee. Ordinarily the losing party will pay back any expenses (known as disbursements) which have been incurred such as barrister’s fees, medical expert reports and travelling expenses. Once the success fee and any disbursment unrecoverable from the Defendant are paid, you receive the balance. 

The big advantage to you is if you are unsuccessful with your claim then there is no charge to you at all. 

Typical example of personal injury claim fee percentage:  You successfully recover £25,000 in compensation from the Defendant. On a 10% success fee we would receive £2,500 from your damages paid by the Defendant and you would receive £22,500.

Future Losses – This relates to losses which you may incur in the future such as future loss of earnings because you have not yet returned to work yet due to your injuries. Future losses are ringfenced from the CFA, which means that there is no success fee deducted. 

Typical Example of personal injury claim fee percentage involving future loss. You successfully recover £25,000 in compensation from the Defendant, of which £10,000 are future losses. On a 10% success fee we would receive £1,500 from your damages less the future losses claim (£15,000), paid by the Defendant and you would receive £23,500.  

Clinical Negligence

We offer our clients the option of funding their claim by way of a “no win no fee agreement” in the same way as our personal injury claims above.  This means you will not pay a penny upfront or during the course of your claim; you will only pay towards your legal costs if you are successful.

In the event that you are successful, your opponent will pay the majority of your legal costs, with the remainder coming from your compensation.

We appreciate that our clients have much to deal with after receiving negligent medical treatment, which is why we keep you updated as your claim progresses as to the likely compensation you will receive if you are successful.

Disputes  Cases

For Insurance, construction, and contract dispute cases we can offer hourly fee arrangements, fixed fee arrangements and Damages Based Agreements. 

Damages Based Agreements (DBA)

This is an agreed fee arrangement which is contingent upon the success of the case and is determined as a fixed percentage of the compensation received by you if you are successful. Under a DBA we may not recover costs more than the total amount chargeable to you under the DBA, and we will not charge anything if you lose your case, other than disbursements and court fees which have been incurred. 

The calculation of costs recoverable against your opponent is based upon a reasonable hourly rate, time and disbursements and not reference to the fixed percentage fee. If the fee agreed under the DBA exceeds what would be chargeable, you may be liable for the difference to your lawyer. If the assessed costs that the Defendant must pay are higher than the amount chargeable under the DBA, the Defendant only has to pay the lower figure due to the indemnity principle, and there is nothing further for the claimant to pay.

DBAs are suitable for Claimant dispute cases where compensation is likely to be over £10,000. There is a clear benefit to you in that for a lawyer to get paid he has to win the case. 

Fixed Fee agreements

For Fixed Fee Agreements, you pay a set fee at the start of the case, plus any disbursements or court fees. These agreements can start for as little as £1,000.

Fixed Fee Agreements are specially designed for low values matters where the amount in dispute is less than £10,000, and so are suitable for Small Claim litigated cases.

These agreements can also be an effective and low-cost way to pay for mediation cases which you may wish to instruct us on for dispute matters.

Hourly rate Fee agreements

As the name suggests this is where you will pay the legal fees at the hourly rate charged by the lawyer. In these arrangements legal fees are paid monthly until the conclusion of the claim. This will also include disbursements or court fees which may arise. At all times you will be notified of the likely costs of a case. In some instances, it is possible to recover some or all of these fees against your opponent particularly where the case is litigated, and you have won. 

Hourly rate cases are suitable for complex, defendant and unpredictable cases particularly where is it difficult to gauge the amount of legal work involved.

For individual hourly rates, please see the table at the bottom of the page. 

Housing Disrepair/ CWI Cases

For matters relating to housing disrepair, cavity wall insulation, tenancy disputes, defective premises and environmental protection cases we can offer Damages Based Agreements and hourly fee arrangements.

Damages Based Agreements (DBA)

This is an agreed fee arrangement which is contingent upon the success of the case and is determined as a fixed percentage of the compensation received by you if you are successful. Under a DBA we may not recover costs more than the total amount chargeable to you under the DBA, and we will not charge anything if you lose your case, other than disbursements and court fees which have been incurred. 

The calculation of costs recoverable against your opponent is based upon a reasonable hourly rate, time and disbursements and not reference to the fixed percentage fee. If the fee agreed under the DBA exceeds what would be chargeable, you may be liable for the difference to your lawyer. If the assessed costs that the Defendant must pay are higher than the amount chargeable under the DBA, the Defendant only has to pay the lower figure due to the indemnity principle, and there is nothing further for the claimant to pay.

DBAs are suitable for all types of Claimant cases relating to this area of law.

Hourly rate Fee agreements

Hourly rate fee agreements are where you will pay the legal fees at the hourly rate charged by the lawyer. In these arrangements legal fees are paid monthly until the conclusion of the claim. This will also include disbursements or court fees which may arise. At all times you will be notified of the likely costs of a case. In some instances, it is possible to recover some or all of these fees against your opponent particularly where the case is litigated, and you have won. 

Hourly rate cases are suitable for all types of defendant housing cases, and also the unpredictable cases particularly where is it difficult to gauge the amount of legal work involved.

For individual hourly rates, please see the table at the bottom of the page.