McHale & Co. Solicitors Blog

Litigation Funding

There are a number of ways that your case can be funded. These include:

Conditional Fee Agreement- more commonly known as a 'No Win No Fee' agreement. Legal Expenses Insurance – as part of your household or car insurance you may have legal expenses cover to help with the legal costs of your claim Trade Union – if you are a member of a trade union often the union will provide help with some legal issues. Public Funding – this is now only available in cases for children with brain injuries which arise during pregnancy or childbirth.

When we discuss your claim in more detail we can see what options are available. Government changes to legal costs and funding for personal injury claims will came into effect in April 2013.

Most claims are run on No Win No Fee' agreements. The government changes meant that not all costs could be recovered from your opponent. If your claim is won, the majority of your costs will be paid by the other side, however we may ask you to contribute to our costs. This contribution will be a maximum of 25% of your damages (inclusive of VAT). Awards for personal injury damages were also increased by 10% for all relevant cases from 1st April 2013 onwards, which means the maximum contribution that you will make is in effect 15%. The contribution will not be payable until the end of your claim. If the case is unsuccessful we would not charge a penny for our legal costs.

In some instances we may ask you to pay expenses to support your case as it progresses (for example, the cost of a police report). These expenses are known as 'disbursements'. If the claim is successful the cost of the disbursements can be recovered.

In some instances we would recommend an After Thee Event Insurance Policy to protect you for the cost of disbursements and adverse costs of the other side. This could happen if the other side makes a formal "Part 36 offer" which you then reject, but which we subsequently fail to beat at trial. The cost of this policy is not recoverable from the other side, and as such you would need to pay for it out of your damages.

We have a greatly experienced litigation team at McHale and Co, get in touch on 0161 928 3848 to discuss pursuing a claim.

Categories: Civil Litigation
Tags: Funding

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