Costs and Funding

Our aim is to recover compensation for you at a minimum cost. There are alternative ways of funding your claim, which we will discuss with you at the outset and advise you on the most appropriate method. It is likely to involve us entering into a “no win - no fee” agreement with you.

No Win – No Fee
If we act for you under a no win – no fee agreement, then provided you comply with certain requirements, you will not have to pay anything to us if you lose the case. If we win the case, we will seek to recover from your opponent most of our costs, subject to you being responsible for a success fee if one is claimed.

If we pursue an action under a no win – no fee agreement, there are significant financial risks to ourselves. Clearly if we do not win, we will not get paid. If we do win, we will not necessarily recover all our costs from your opponent. Even if we do recover costs, they will not be paid by your opponent until the very end of the case.

Because of these risks, we are entitled to charge a success fee, calculated by reference to the actual costs incurred, and this success fee you would be responsible for. However, we will discuss this in detail with you and explain where appropriate a cap that is applied to give you a better idea from the outset as to the level of compensation you would yourself receive.

What About my Opponent’s Costs?
If court proceedings are commenced, the usual rule is that the loser “pays for the costs of the winner”. This though, is subject to rules known as “qualified cost shifting”, which we will explain to you. To minimise the risks to you though, we will also advise on the availability of legal expenses insurance, which you may already have in place, or which you can purchase to protect you for any claim for costs against you.

It is also usual for legal expenses insurance to cover the expenses involved in your case, known as disbursements, such as the costs of expert witness reports and court fees.

Re-assured?
Our aim is to ensure that at the outset, before any work is undertaken on your case, the costs and funding issues have been fully discussed with you, that you understand the position and are happy to confirm instructions for us to proceed. The agreed position will be set out in writing before any documents are signed.

To speak to a member of our team, call 0800 068 00 69 or email enquiries@advancelegal.co.uk