Finding the Right Option for you
It will not cost you anything to contact us for initial guidance. We are happy to have an initial confidential telephone discussion with you to assess whether you may have a claim.
If you then decide to instruct us, we will review all the funding options with you so you can decide which one is most appropriate for your circumstances.
Options for Funding your Claim
There are various ways of funding your claim. The most common are:
Conditional Fee Agreement (‘CFA’) - Known as a “No Win, No Fee” agreement
Not all cases are suitable for ‘No Win – No Fee’ agreements but we are always happy to consider this option with you during our initial discussion.
If we accept your case on a ‘No Win – No Fee’ basis and you do not win your case then you do not have to pay our fees. However if you win, you pay us a success fee in addition to our basic charges and expenses. You can recover our basic charges and expenses from your opponent providing your claim is successful. However, please bear in mind that the Court has a wide discretion in relation to the costs based orders that it can make. The success fee is not recoverable from your opponent and you alone are responsible for it.
We may advise you to take out an insurance policy to guard against the risk that you might lose your case. You are solely responsible for the cost of that policy although most insurers defer payment of the premium until the conclusion of your case. Often the premium is self-insured by the policy and thus not directly payable by you if your claim is unsuccessful.
If your case is not suitable for a CFA we may be able to offer you a discounted CFA.
This way, we agree to charge discounted fees as the case progresses. If you win the case, you agree to pay the balance of our normal fees, which are usually recoverable from your opponent.
Legal Expenses Insurance
Many people have what is known as “Before the Event (BTE)” insurance as part of their motor, home contents or other policy.
This may be described as Legal Expenses Insurance or Family Legal Protection. The coverage may not extend to your claim so you should check the policy carefully and contact us with any queries.
If you are a member of a Trade Union, it is possible they may provide some help with legal issues but again you should check with them that they cover the particular circumstances of your case and the extent of any cover.
Private Payment/Pay as You Go
If you fund your claim yourself, you will be required to pay for the cost of the case as it progresses.
We will submit interim accounts to cover the work done for you on a regular basis to help you to budget for the costs that will be incurred. If you win your claim, it may be possible to recover the majority of your costs from your opponent, depending on the particular circumstances of your case. However, please bear in mind that the Court has a wide discretion in relation to the costs based orders that it can make. When those costs have been paid by your opponent, we will reimburse you for the sums you paid us on account up to the value of the costs recovered from your opponent. You will still be liable for any shortfall.
Where possible we will agree fixed fees for different stages of the claim so you can be certain what the costs for each stage are likely to be before you decide to go ahead.
For details of each option please see our terms and conditions.
You can be confident that if we believe you have a good claim, we will use our best endeavours to find a way of funding it.
Book a consultation with our litigation solicitors in Plymouth
For more guidance on the litigation funding available to you, please call us on 01752 643950.