GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

Size: px
Start display at page:

Download "GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM"

Transcription

1 GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably, people can be very worried about the legal costs. However, because of changes in the law, it is now possible for anyone to pursue a claim through the Courts without taking any financial risk. Whatever your financial situation, the funding options available at Gadsby Wicks give you access to justice without you having to find the money upfront to finance the claim guaranteed. We offer three ways of funding your claim: Legal Aid Scheme This is a public funding method whereby the State agrees to cover your risk of incurring legal costs and is available for certain types of claims relating to injuries to children at or around the time of birth. We have been granted a Legal Aid Franchise by the Legal Aid Agency to pursue claims in this way for those who are eligible. Conditional Fee Agreements Sometimes called no win no fee agreements this is an arrangement where we take on the risk of legal costs. This means that we only get paid if we win the case and you pay nothing if we lose. Legal Expenses Insurance This is an existing insurance policy that includes cover for legal expenses. It is often included in general household policies and many people do not realise that they have it. We review any existing policies that you have at the outset to determine what cover you already have in place. A more detailed explanation of each of these options is given on the following pages. We will discuss all of them at our initial meeting with you and advise you which is the best for you. The advice we give is totally independent and based on your situation and circumstances; the option you choose does not make a difference to our fees or the service you will receive.

2 PUBLIC FUNDING THROUGH THE LEGAL AID SCHEME If the claim relates to a brain injury suffered by a child at, or around the time of, birth it may be possible to arrange for it to be funded through the Legal Aid Scheme. In that event the Legal Aid Agency will be responsible for all of our fees and expenses and both you and the child will also be protected against any liability for the Defendants legal fees and expenses should the case be lost. In order to be eligible for legal aid, the child s financial circumstances must fall within certain set limits. In reality, most children are within those financial limits and are therefore eligible. If the child is eligible for legal aid funding and you choose to adopt that method of funding, we will prepare the necessary application forms for you to approve and sign. There will be one form that sets out details of the claim and another that sets out details of the child s financial circumstances. The Legal Aid Agency will need to be satisfied from the information provided to them that the claim has reasonable prospects of success. If, after legal aid has been granted, there is any increase in the child s financial means during the case, this may affect the child s continuing entitlement to funding. Therefore, if there is any change in the child s circumstances after legal aid has been granted, you will have a duty to inform us so that we can tell the Legal Aid Agency. If the claim succeeds, the child will be awarded compensation that will be paid by the Defendants, who will also pay all of the legal fees and expenses. Therefore, neither you nor the child will pay anything and the child will receive 100% of the compensation that is awarded. On the other hand, if the claim is lost our legal fees and expenses will be paid to us by the Legal Aid Agency and the Defendants will be required to pay their own. Again, if this is the outcome, neither you nor the child will pay anything. CONDITIONAL FEE AGREEMENTS Under a conditional fee agreement, solicitors agree to take on a claim on the understanding that if it is lost they will not charge any fee for the work that they have carried out. In exchange, the client agrees that if the claim is successful the solicitors will be paid a success fee on top of their normal fee to compensate for the risk that they have run of not being paid any fee at all. That

3 success fee is paid by deduction from the compensation and is calculated as a percentage of the solicitors' normal fee (not as a percentage of the compensation that is awarded). The level at which it can be set is strictly controlled by government legislation. These agreements are sometimes described as "no win no fee" agreements and, whilst that is correct, it is important to recognise that the no fee element relates only to our fees and does not cover the ancillary expenses of the claim (sometimes called disbursements) such as the court fees, the medical experts' fees and the barristers' fees; neither does it cover the Defendant s fees and expenses. However, the risk of becoming liable for the expenses if the case is lost can, in part, be covered by insurance. Where they are not covered by insurance, we will pay them so that you do not have to. Furthermore, even if the case is lost, the law prevents the Defendants from claiming their legal fees and expenses from a Claimant except in certain specified circumstances, in which event we will pay them so that you will not have to. This all means that if you enter into a conditional fee agreement with Gadsby Wicks in conjunction with an insurance policy, we will be able to promise you that, whatever happens, the only money that you will ever have to pay will be out of any compensation that we recover for you. You will never have to find any other money. THE CONDITIONAL FEE ARRANGEMENT IN DETAIL We have negotiated an exclusive arrangement with a specialist insurance company namely Temple Legal Protection Limited. If we take on your claim on a conditional fee basis, they will provide insurance cover for you in order to protect you against any liability for the cost of obtaining expert reports in order to pursue your claim should the claim fail. You do not need to insure against any liability for any of the other expenses because, if the claim fails, we will pay them for you and, if the claim succeeds, the Defendants will pay them. The indemnity limit under the insurance policy will be 25,000 for which there will be a premium of 6, including insurance premium tax, but under the terms of the policy that premium will only be payable if your claim succeeds. You will never need to pay it because, if the claim is successful, it will be paid by the Defendants and, if it is unsuccessful, it will not be paid at all. Clients often ask us how the insurer makes a profit from this; the answer is that they will do so from the claims that succeed.

4 Expenses After we start working with you, we will pay the various expenses that will need to be incurred in order to investigate and pursue the claim. These can be quite considerable amounting to as much as 30,000 (or possibly more) should the claim have to go to a full court trial. We will not require repayment until the conclusion of the claim when, if it is successful, the Defendants will repay us. On the other hand, if the claim is unsuccessful Temple Legal Protection Limited will repay us the cost of obtaining the expert reports and we will waive repayment of the other expenses. Free Initial Investigation If, having completed our initial investigation of your claim we have to advise you that you do not have reasonable grounds for pursuing it through the courts, we will cancel the conditional fee agreement and not charge any fee for the work that we have carried out for you. Temple Legal Protection Limited will repay us any fees that we will have incurred in obtaining expert reports and we will waive repayment of any of the other expenses that we may have incurred. Consequently you will have nothing to pay. Proceeding with the Claim If, on the other hand we advise you, following completion of our initial investigation, that you have a good claim we will write a letter of claim to the Defendants in the hope that they will admit liability. If they do, we will be able to negotiate a settlement of your claim under which the Defendants will agree to pay an appropriate sum for compensation together with a contribution towards your legal fees and expenses including the insurance premium. You will then be liable to pay us the balance of our legal fees and expenses that are not paid by the Defendants (including the success fee) but we will aim to achieve a result that will mean that you will pay no more than 25% of your compensation. Taking the case to Court If the Defendants refuse to admit liability following receipt of the letter of claim, it will be necessary to issue and serve court proceedings in order to pursue your claim. If they continue to refuse to make a satisfactory offer of settlement and provided we remain of the view that you have reasonable prospects of success, we will take your case to a full trial so that your claim can be decided by a Judge.

5 Nothing to pay for abandoning or losing a claim Should it become necessary to abandon your claim after proceedings have been issued and served on the Defendants (which rarely happens) or should the claim go to a trial and lose (which does not happen very often), Temple Legal Protection will repay us any fees that we will have incurred in obtaining expert reports. We will waive any requirement for you to repay any other expenses that we have incurred on your behalf and we will also waive any requirement for you to pay any of our legal fees. It is unlikely that the Defendants will be permitted by law to make any demand against you for payment of their legal fees or expenses, but if they do we will pay them for you. Therefore, you will have nothing to pay. Paying the balance from your compensation If your case is successful, either because the Defendants eventually agree to settle or you win at trial, you will be awarded compensation to be paid by the Defendants. They will also be ordered to pay a contribution towards your legal fees and expenses including the success fee and the insurance premium. You will be liable to pay us the balance of your legal fees and expenses that are not paid by the Defendants. However, we will aim to achieve a result that will mean that this will be no more than 25% of your compensation. At Gadsby Wicks Solicitors, we guarantee that, whether you win or lose, if your claim is funded by a conditional fee agreement backed by an insurance policy from Temple Legal Protection Limited: You will never have to pay us any money except from any compensation that we obtain for you You will never have to pay anybody else any money We will aim to achieve a result that will enable you to retain at least 75% of your compensation LEGAL EXPENSES INSURANCE It is not uncommon for people to have legal expenses insurance either as a stand alone policy or more commonly as an extension to a motor insurance policy, a home buildings and/or contents policy or a professional or trade indemnity policy. If you have insurance of this nature, your

6 legal expenses insurers may agree to meet our fees and expenses and those of the Defendants up to an indemnity limit, which is usually 10,000, 25,000 or 50,000. You should therefore check all of your existing household, buildings, contents, motor and other insurance policies (and those of your immediate family who are living with you) because it often happens that our clients do not realise that they have this insurance cover until we suggest that they check. Please then bring them all to your initial meeting with us so that we can check whether or not any of them include legal expenses insurance cover and, if so, whether that cover will be appropriate and sufficient for your claim. It is important that we make this check for you at the outset because the law does not permit us to apply for legal aid or offer you a conditional fee agreement until we have done so. If you have a legal expenses insurance policy, the insurance company will cover both your own legal costs and those of your opponent. However, there are a number of restrictions and other disadvantages with these policies that you need to be aware of, because they may mean that this will not necessarily be the most appropriate way for you to fund your claim. RESTRICTIONS AND DISADVANTAGES (i) Cover limitations First, whatever form of funding you choose, you need to be sure from the start that you have sufficient funding to take the claim through to a full court hearing if necessary. Sometimes, this can be a problem when relying on legal expenses insurance funding alone because these policies were not designed to fund medical negligence cases. Rather, they are really intended to cover more straightforward personal injury and non-accident claims. Because of this they always have an indemnity limit, which stipulates the maximum sum that the insurers will be willing to pay out under the policy. Although different policies have different indemnity limits, we are not aware of any policy that provides an indemnity limit in excess of 50,000. That is insufficient to take a medical negligence case to a full court hearing because the total of both your own legal costs and those of your opponent if the claim is lost, could easily be 130,000 or even more. Therefore, if a medical negligence claim is pursued relying on legal expenses insurance funding, the solicitor will have to arrange some other form of top up funding in the event that the Defendants resist the claim and it becomes necessary to take it to a court hearing.

7 The problem with this is that it may not then be possible to arrange alternative funding at that late stage. For example, even if the solicitor is willing to switch to a conditional fee arrangement (and not all solicitors will be willing to do so) there is no certainty that an insurance company will be willing to support it with insurance cover. This is not a theoretical possibility but something that actually happens. Unfortunately, when it does happen, the client is forced to abandon the claim even though it may still have the support of medical experts and the client s solicitor and barrister still believe that it can succeed. (ii) Controlling how the claim is pursued Another disadvantage of using legal expenses insurance is that the insurer will wish to control the way in which the claim is investigated and pursued. For example, permission will have to be obtained before the insurance company will agree to the solicitor instructing experts and they sometimes restrict the number and type of experts that can be used. This is because the insurers want to limit their financial outlay as much as possible. The insurance company will also retain the right to withdraw cover at any time if they form their own opinion that the claim no longer has reasonable prospects of success. They can take this view and withdraw cover even though the client may want to continue with the claim and the solicitor, barrister and medical experts all still believe that it may succeed. (iii) Ensuring Independence There are also concerns that the use of these policies can jeopardise the independence of the solicitor and create conflicts of interest between the solicitor and the client. Legal expenses insurers have panels of solicitors firms who they encourage clients to use. In fact they often try to insist that the client uses a solicitor from their panel rather than a solicitor of the client s own choice, although there is some uncertainty as to whether they have the legal right to do that. Many people assume that the insurance companies appoint solicitors to their panel because of the quality of their work. This is not the case - they often choose solicitors with whom they have negotiated low rates of pay so that they can save money. This means that the insurer chooses the solicitors who will give them the best financial deal rather than the solicitors with the highest quality standards. For this reason you should never use a legal expenses insurance policy to fund your claim unless the insurance company gives you a free choice of solicitor.

8 Even if the insurance company will let you use a solicitor of your choice, there may still be a potential conflict of interest between your own interests and those of the solicitor if the solicitor has an ongoing relationship with that insurance company under which they send them new clients. This is because the solicitor will not want to upset the insurers and jeopardise that relationship. Under Solicitors Regulation Authority rules you are entitled to know if your solicitor has any sort of relationship with the insurer who is funding your claim and you should therefore ask the solicitors if they ever have work of any description (not just medical negligence cases) referred to them by that insurer. We value our independence and are not willing to risk compromising it by accepting cases that are referred to us by an insurance company. We are most certainly not willing to permit any insurance company to tell us how we should run our cases for our clients and therefore we do not accept clients or cases that are referred to us by any insurance company. This Guide has been produced by Gadsby Wicks Solicitors. For more information on funding options and how we can help you pursue your claim, whatever your financial situation, please contact us on freephone

GADSBY WICKS SOLICITORS FUNDING THE CLAIM

GADSBY WICKS SOLICITORS FUNDING THE CLAIM FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

professional negligence:

professional negligence: professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court

More information

NOTES on Funding Your Claim

NOTES on Funding Your Claim NOTES on Funding Your Claim Funding is important because with some forms of funding you might be required to pay costs (either to us or to the defendant). As such, we set out the options. For the reasons

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers

More information

Group Actions Leaflet.

Group Actions Leaflet. Group Actions Leaflet. This leaflet is designed to explain to Claimants in clear terms the rules about costs in group actions (sometimes called class actions or multi-party actions ). What is a Group Action?

More information

briefing Guide to litigation funding

briefing Guide to litigation funding briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the

More information

Conditional Fee Agreement (CFA)

Conditional Fee Agreement (CFA) Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

A Guide To Claiming Compensation For Clinical Negligence

A Guide To Claiming Compensation For Clinical Negligence A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Funding Clinical Negligence

Funding Clinical Negligence Funding Clinical Negligence INJURY & NEGLIGENCE SPECIALISTS Injury & Negligence Stephen Jones is down-to-earth, straight talking and fights every inch for his clients. Quote for Chambers (Independent Legal

More information

Loan Car Legal Cover Terms and Conditions

Loan Car Legal Cover Terms and Conditions Loan Car Legal Cover Terms and Conditions As a Loan Car Driver, you also benefit from legal expenses cover. Legal expenses cover pays the legal costs and expenses of any legal proceedings to recover uninsured

More information

a guide to your personal injury claim

a guide to your personal injury claim a guide to your personal injury claim Contents 3. Introduction to Compensate 4. Accidents happen 5. The process explained 6. Why should I give up a percentage of my damages? 7. Legal explanation Welcome

More information

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything

More information

Guide to litigation costs and funding

Guide to litigation costs and funding Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event

More information

Holiday Illness. Personal Legal Services

Holiday Illness. Personal Legal Services Holiday Illness Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.

More information

Funding Serious Personal Injury

Funding Serious Personal Injury Funding Serious Personal Injury INJURY & NEGLIGENCE SPECIALISTS Injury & Negligence Richard Scorer is totally supportive, always providing sound guidance and judgement. Quote from Chambers (Independent

More information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation? Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

Head Injuries. Personal Legal Services

Head Injuries. Personal Legal Services Head Injuries Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.

More information

L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION

L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION Introduction

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

Accidents at Work. Everything you need to know

Accidents at Work. Everything you need to know Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous

More information

Who do I turn to following an injury?

Who do I turn to following an injury? Guidance from the Association of Personal Injury Lawyers Who do I turn to following an injury? Getting your life back on track following an injury A guide to your rights to advice and compensation following

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

a guide to your personal injury claim

a guide to your personal injury claim a guide to your personal injury claim Contents 3. Welcome to Compensate 4. Accidents happen 5. The process explained 6. Why should I give up a percentage of my damages? 7. The process in legal terms Welcome

More information

The Litigation Advantage Scheme

The Litigation Advantage Scheme After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

CIVIL DISBURSEMENTS FUND GUIDELINES

CIVIL DISBURSEMENTS FUND GUIDELINES CIVIL DISBURSEMENTS FUND GUIDELINES TABLE OF CONTENTS: Introduction... 2 Definition... 2 1. Selection of Cases... 2 2. Assessment of Applications... 2 3. Means Test... 3 4. Merits Test... 4 5. Contribution...

More information

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES

BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES POLICY DOCUMENT Table of Contents 1. Definitions and Abbreviations... 3 2. Legal Status... 4 3. Principles for Debt

More information

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org.

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org. Legal Support Service South West Support for life after childhood brain and other serious injuries www.childbraininjurytrust.org.uk Hello and welcome to the Legal Support Services booklet for the South

More information

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to

More information

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co.

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co. After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance

More information

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it MOTORING LEGAL SOLUTIONS MCE ASSIST THIS IS YOUR INSURANCE POLICY This policy is evidence of the contract between you and the Insurer. Following an Insured Event the Insurer will pay the Insured s Legal

More information

The Jackson Reforms Jan Thompson, Director

The Jackson Reforms Jan Thompson, Director The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

Will, trust and estate disputes

Will, trust and estate disputes Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory

More information

Financial Claims Specialists Ltd T/A Finance Claims. Terms and Conditions for the Provision of Services

Financial Claims Specialists Ltd T/A Finance Claims. Terms and Conditions for the Provision of Services Financial Claims Specialists Ltd T/A Finance Claims Terms and Conditions for the Provision of Services IMPORTANT: These terms and conditions form part of a legally binding contract and you should read

More information

A Client s Guide to Personal Injury Mediation

A Client s Guide to Personal Injury Mediation A Client s Guide to Personal Injury Mediation 1 What is Mediation? Mediation is a way of settling your compensation claim. It is an alternative to going to court. It involves negotiation between you and

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

making a personal injury compensation claim

making a personal injury compensation claim W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation

More information

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

Motor Legal Care Terms and Conditions

Motor Legal Care Terms and Conditions Motor Legal Care Terms and Conditions The cover provided under this notice is in addition to your Breakdown cover and should be read together with your existing terms and conditions. RAC Motor Legal Care

More information

making a road traffic accident claim

making a road traffic accident claim W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

More information

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

More information

Personal Injury Compensation Guide

Personal Injury Compensation Guide Personal Injury Compensation Guide 2015 Personal Injury Compensation Claim Guide David J. Synnott This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the

More information

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants

More information

Expert. Clear. Professional.

Expert. Clear. Professional. Expert. Clear. Professional. PROFESSIONAL NEGLIGENCE CLAIMS STREAMLINE SERVICE SMALL CLAIMS AND STREAMLINE SERVICES Bringing a claim in professional negligence can be expensive. We want to make sure we

More information

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE Act quickly after an accident and call us now on 0800 783 6066 2 DASDRIVE ULTIMATE If you ve been unfortunate enough to have been involved in a motor

More information

Accidents at Work. Personal Legal Services

Accidents at Work. Personal Legal Services Accidents at Work Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.

More information

WE RE HERE FOR YOU Expert local personal injury advice.

WE RE HERE FOR YOU Expert local personal injury advice. 1 WE RE HERE FOR YOU Expert local personal injury advice. 2 A guide to help you We know that an injury can cause a wide range of problems, more than just coping with your pain and discomfort. We re here

More information

Fleet Legal Guard. Policy Wording

Fleet Legal Guard. Policy Wording Fleet Legal Guard Policy Wording What s inside... Introduction 3 What to do if you need to make a claim 4 Legal helpline 5 Claims for compensation 10 Claims for physiotherapy 12 Terms and Conditions 13

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

Taking Action. Dispute resolution, legal action and claims for negligence

Taking Action. Dispute resolution, legal action and claims for negligence Taking Action Dispute resolution, legal action and claims for negligence Taking Action Part 3: Dispute Resolution, taking legal action and claims for negligence Introduction If you believe an architect

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010)

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010) Proposals for Reform of Civil Litigation Funding Implementation of LJ Jacksons recommendations (Consultation paper 13/10 November 2010) Following Lord Justice Jacksons report, the Ministry of Justice is

More information

Pre-action Conduct of Litigation

Pre-action Conduct of Litigation Chapter 2: Pre-action Conduct of Litigation Outline 2.1 Introduction 2.2 Financing litigation 2.3 Pre-action protocols and the Practice- Direction on Pre-Action Conduct and Protocols 2.4 Protocols relevant

More information

CFAs & ATE Policies Implications for Professional Indemnity Market

CFAs & ATE Policies Implications for Professional Indemnity Market CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

Guide to dispute resolution

Guide to dispute resolution Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior

More information

Conditional fee agreements. A client s guide

Conditional fee agreements. A client s guide Conditional fee agreements A client s guide Private funding a deterrent No win, no fee agreements are legally known as Conditional Fee Agreements. Conditional Fee Agreements are a way of funding personal

More information

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society ANDREW RITCHIE QC 9 Gough Square LONDON 1 Before 2003 In PI cases in claimant work: Solicitors were paid by the hour The courts

More information

Personal Injury. How we can help

Personal Injury. How we can help Personal Injury How we can help This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions. The

More information

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Report to Finance and Property Committee REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT 25 February 2013 Agenda Item: 5 PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Purpose

More information

CONTINGENCY FEE RETAINER AGREEMENT. This contingency fee retainer agreement is. Tel: 905 850 2642 Fax: 905 850 8544 Toll Free: 1-866-850 2642.

CONTINGENCY FEE RETAINER AGREEMENT. This contingency fee retainer agreement is. Tel: 905 850 2642 Fax: 905 850 8544 Toll Free: 1-866-850 2642. CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : POTESTIO LAW FIRM 401 Bay Street, Suite 1400 Toronto ON M5H 2Y4 Tel: 905 850 2642 Fax: 905 850 8544 Toll Free:

More information

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot

More information

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants

More information

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Fieldfisher provides a first-class service to clients. www.fieldfisher.com/personalinjury Freephone 0800 358 3848

More information

Contents COLLINGBOURNE HENNAHLAW. A GUIDE TO Clinical Negligence

Contents COLLINGBOURNE HENNAHLAW. A GUIDE TO Clinical Negligence A GUIDE TO Clinical Negligence A GUIDE TO Clinical Negligence The aim of this booklet is to provide some assistance in the field of clinical negligence. Contents 02 Introduction 03 Clinical Negligence

More information

Personal Injury Accreditation Scheme

Personal Injury Accreditation Scheme Personal Injury Accreditation Scheme Guidance In this guidance you can find: A. An introduction to the Accreditation Scheme B. Who is eligible to apply for membership? C. What types of membership are available?

More information

My Legal Expenses Cover...

My Legal Expenses Cover... My Legal Expenses Cover... Motor Legal Expenses Welcome Thank you for insuring with 1 ST CENTRAL. We are delighted to welcome you as a valued client. Please take time to read your policy and contact us

More information

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...

More information

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing

More information

No win no fee costs agreements

No win no fee costs agreements No win no fee costs agreements Information for consumers Version 2 6 December 2012 Level 30, 400 George Street, Brisbane Qld 4000 PO Box 10310 Brisbane, Adelaide Street Qld 4000 T (07) 3406 7737 (Brisbane)

More information

Terms and Conditions

Terms and Conditions Terms and Conditions We want your decision to use Valour Financial Management services to be the best decision you have ever made towards regaining control of your financial situation. To that end we aim

More information

Business Debtline www.businessdebtline.org 0800 0838 018 BANKRUPTCY

Business Debtline www.businessdebtline.org 0800 0838 018 BANKRUPTCY BUSINESS DEBTLINE Business Debtline www.businessdebtline.org 0800 0838 018 BANKRUPTCY FACT SHEET NO. 10 NORTHERN IRELAND What is bankruptcy? Bankruptcy is a way of dealing with debts that you cannot pay.

More information

I have legal protection insurance do I need to use it?

I have legal protection insurance do I need to use it? Background Having a motorcycle accident is traumatic and can often entail substantial damage to your beloved motorcycle and serious injuries. If the accident was caused or contributed to by the bad driving

More information

GIO Workers Compensation. New South Wales Insurance Policy

GIO Workers Compensation. New South Wales Insurance Policy GIO Workers Compensation New South Wales Insurance Policy Part 1 Preliminary 1. Definitions In this policy: Employer means the person insured under this Policy, being the person named as the Employer in

More information

questions fees payable under the new process?

questions fees payable under the new process? Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 3 Q72. Will paper hearings be allowed for child claims? A72. No. All child claims will require an oral hearing.

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

Hugh Price Legal Consulting

Hugh Price Legal Consulting CAN AFTER THE EVENT INSURANCE CONTINUE IN ITS PRESENT FORM? First published in The Insurance Times, 28 03 2008 Over the past few years ATE has settled down but with the MoJ proposals for the future of

More information

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that

More information

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models

More information

Operational Guideline Compensation Recovery of NDIS Amounts Action has not Been Commenced to Recover Compensation

Operational Guideline Compensation Recovery of NDIS Amounts Action has not Been Commenced to Recover Compensation Operational Guideline Compensation Recovery of NDIS Amounts Action has not Been Commenced to Recover Compensation Legislation 1. Read ss.104, 105 and 105A of the National Disability Insurance Scheme Act

More information