Where a claim is identified, there are a number of funding options. Since 1st April 2000 Legal Aid Funding has not been available for all personal injury (excluding clinical negligence and professional negligence) claims:
The funding options that are available are as follows:
Legal Expenses Insurance Cover
This funding option must always be considered first. Clients may have this cover under a buildings or contents insurance policy. It is often referred to as Family Legal Cover for which an additional premium would be payable. You should check with your Insurance Company/Broker if you have this cover and we would then under take the claim on your behalf.
If we are, then, ultimately successful in your claim, we would then recover your damages and our costs and disbursements from the third party’s insurers and there would be no claim under the policy.
If we are unsuccessful or had to advise you to discontinue the claim, then our costs would be paid by the legal expense insurer.
Legal Expenses Model
|Recovery of damages for client||Recovery|
|Costs and disbursement recovered from third party insurers||Legal Expense Insurer pays costs subject to any policy excess|
Conditional Fees arrangement with ‘after the event’ Insurance (NO WIN NO FEE)
This funding option is available subject to Risk Assessment of the case by us. If we consider that there is a better than 50% chance of success in your case then this option will be available. As we are taking the risk and because of the fact that we shall not receive payment until the end of your matter, we are entitled to charge a success fee which is normally recoverable from the third parties insurers.
The basis of the Conditional Fees arrangement is literally that if we are successful we will recover your damages, our costs and disbursements. If we are unsuccessful or we advise you to discontinue then you do not receive damages and we do not get paid. We operate an ‘after the event’ insurance cover with deferred premium payment. This insurance covers you in the event that the third party have incurred costs or disbursements and in the event of an unsuccessful claim. All Conditional Fees arrangements incorporate Law Society Conditions.
Conditional Fee Model
|Recovery of damages for client||No Recovery|
|Costs and disbursement recovered|
|Success Fee (recovered)||Costs of other side and disbursements paid by ‘after the event’ insurer|
|Insurance Premium (recovered)|
Trade Union Funding
This is only open to trade union members and may involve you having to receive your advice from their nominated solicitors.