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Civil Litigation Videos

Funding A Litigation Claim

 

Script for the above Video

Funding your litigation claim is a key concern. How much will it cost?

 

What is legal expenses insurance?

 

Legal expenses insurance is a form of legal expense cover usually attached to your home insurance. At Duncan Lewis solicitors we will help you find out and speak with your insurer to see if you have cover; this is usually in your policy wording.

 

If your insurer can cover the cost of your claim, YOU will not have to pay your legal costs. However the policy may be subject to conditions.

 

What are Conditional Fee Agreements (CFAs)? 

 

Commonly known as no win no fee agreements, CFAs mean that you are liable to pay your legal fees if you win, and not if you lose. In most cases, you can claim back your legal fees from your opponent if you win.

 

At Duncan Lewis Solicitors, we offer two types of conditional fee agreements:

 

A full CFA where you pay nothing throughout your case towards our legal fees but may have to pay disbursements. You are entitled to cover these fees by way of After-the-Event insurance. We may attach a success fee meaning you will have to pay this if you win, in addition to our costs. The success fee cannot be recovered from your opponent.

 

The second is a discounted conditional fee agreement where you pay a lower hourly rate throughout your case and disbursements. If you win, you become liable to pay our full rate however you can recover these fees from your opponent.

 

This will be decided on a case-by-case basis.

 

What do you mean by After the Event insurance? 

 

ATE insurance is designed to protect you in the event you lose your claim. It will also cover you for disbursements. If you win, you have to pay the premium; if you lose usually you pay nothing. We can make an application and the insurance provider will confirm if they will offer cover.

 

Can I get Litigation Funding or enter a Damages Based Agreement?

 

In very complex and high value claims, we also have access to a number of private litigation funders who are third party investors willing to give you access to justice through legal representation. If you win, you will have to pay their charges as well as legal costs which in most cases, you can recover from your opponent. If you lose, you usually pay nothing.

 

We may also consider representation by way of a damages-based-agreement, also known as a contingency fee agreement. This is where we charge you a percentage of your damages towards our legal fees. We will assess your claim on an individual basis.

 

Do I have to pay privately?

 

In most cases, we will charge you on a privately funded basis either by hourly rate or fixed fees. If you win your case, you can usually recover your costs from your opponent.

 

Can I get Legal Aid?

 

Litigation matters are usually not funded by the Legal Aid Agency. If you believe you are entitled to legal aid for representation, please contact the telephone gateway on 0345 345 4345.

 

To speak to one of our experienced lawyers please call on 0207 923 4020 or visit us at: www.duncanlewis.com.  We look forward to hearing from you

Call us now on 033 3772 0409 or click here to send online enquiry.
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