Funding your litigation

As a mechanism for resolving a dispute, litigation can be costly both in time and expense. We will advise you on the best approach based on your circumstances – and if an alternative to litigation may yield a more cost-effective or prompt result then we will advise you on your options. If litigation is the best approach for you then there are various ways that this can be funded.


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Traditionally, legal services have been supplied on this basis, and it remains the preferred method for many clients. In civil litigation cases, the Senior Courts Costs Office of the High Court in London publishes the appropriate hourly ‘guideline’ rates for solicitors across England and Wales.We will provide you with an  estimate of costs for each stage of your case to allow you to make informed decisions.


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Often referred to as ‘before the event’ insurance (BTE), this is something you might already have without knowing it. It might be included as an add-on to your home or car insurance, so it’s always best to check your policy. There may be time limits for notifying your insurer and your insurer may prefer you to use their solicitors. However, you can insist on choosing your own solicitor to deal with your case (although this attests the terms of cover).


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These are funding arrangements between a claimant and their solicitor, where the solicitor agrees to be paid a proportion or even all the fees if you reach a successful outcome. Therefore, these agreements allow a solicitor and client to share the risk of litigation. If successful a success fee is paid by the client in addition to the normal hourly rates.


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A deferred fee can be used by clients who are asset rich but cash poor in circumstances where the outcome of the litigation will lead to the disposal of valuable assets. Here the solicitor will agree to defer payment of fees until completion of the work but will charge a premium for delaying receipt of payment.


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ATE insurance is taken out specifically to cover your legal expenses relating to a specific event that has already happened. This might be limited to the money your solicitor has to pay out to pursue your claim and the other side’s legal costs. It tends to go hand in hand with a ‘conditional fee arrangement’. Your insurance premium is not recoverable from the other side.


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We do not provide Legal Aid services.


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Would you like to discuss how we can help with a member of our expert team?


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