Before and after the event: Insurance cover

Before and after the event: Insurance cover

There are two types of litigation insurance: before the event insurance and after the event insurance. Before the event insurance You should always consider whether you have any pre-existing legal expenses insurance to help cover the costs of your claim. This insurance is often connected to a household or general corporate insurance policy. Sometimes, you may be able to combine this insurance with other funding options where it is anticipated that the insurance cover will…

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Conditional fee agreements

Conditional fee agreements

In some cases, your solicitor may be prepared to pursue your legal claim on a “no win no fee” basis. This means that the solicitor (or her law firm) will take the risk that your claim fails. Ordinarily, though, the solicitor will want a “success fee” or “uplift” as compensation for taking this risk. If you decide to instruct a solicitor on a “no win no fee” basis, you will actually enter what’s known as…

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Contingency fee agreement

Contingency fee agreement

Contingency fee agreements, also known as ‘damages-based agreements’, have changed under the new Damages Based Agreements Regulations 2013. If your solicitor agrees to represent you under a contingency fee agreement – which should not be confused with a ‘conditional fee agreement’ – they will be able to claim a percentage of any monetary awards they win on your behalf plus litigation expenses. But if you lose the case you won’t have to pay them a…

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Further help

Further help

The Community Legal Service has been set up to help you find the right legal information and advice to solve your problems. You can get help through a national network of organisations including Citizens Advice Bureaux, Law Centres, many independent advice centres and thousands of high street solicitors. All of these services meet quality standards set by the Legal Services Commission, look for the Community Legal Service logo: Many of the organisations offer some or…

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How can I make sure I wont have a big bill if I lose?

How can I make sure I wont have a big bill if I lose?

In the event of losing a legal matter, legal insurance provides policyholders with a safeguard against paying a potentially large legal bill. Legal insurance is variously known as Legal Expenses Insurance (LEI) and Legal Protection Insurance (LPI). LEI provides cover for legal fees charged to, and expenses incurred by, a policyholder in typically unforeseen legal matters, including: employment law disputes litigation disciplinary actions human rights complaints criminal charges. LEI can also be responsive to predictable…

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How do I know what I will have to pay?

How do I know what I will have to pay?

It is important to get a written estimate of all the likely costs from your solicitor before they start to work on your case, even though you may not have to pay these costs under a ‘no- win, no-fee’ agreement. Remember that a no-win, no-fee agreement removes some of the uncertainty and financial risk of taking legal action, but it doesn’t remove all of it. And remember that at this stage you are getting only…

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How does legal-expenses insurance work?

How does legal-expenses insurance work?

Legal expenses insurance is a specialist type of insurance sold to cover the cost of legal expenses such as solicitors’ fees. Legal expenses insurance is a financial product and as such the sale of legal expenses insurance is regulated by the Financial Conduct Authority, and complaints relating to the sale of legal expenses insurance are progressed to the Financial Ombudsman. Broadly speaking legal expenses insurance is designed to cover the costs of receiving legal advice…

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Insurance cover

Insurance cover

The costs of bringing legal action, particularly in relation to civil claims, are unfortunately for a lot of people extremely high. Despite the introduction of the civil procedural rules to, amongst other things, deal with this issue, the average man or woman is still extremely unlikely to be able to afford to bring a civil litigation claim in the UK without financial assistance. If you are considering a claim and decide to visit a solicitor…

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Legal aid

Legal aid

Depending on your financial situation and your legal issue, sometimes you are able to receive support with paying for legal advice. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 made some massive changes to which areas of law and which people were eligible for legal aid.  Legal problems eligible for legal aid: if your house is at risk or you are being made bankrupt  facing eviction if you are homeless or your health…

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Legality of contingency fee agreements

Legality of contingency fee agreements

It is a system commonly used within the USA encouraging a claimant to make a claim without the fear of being left with a huge legal bill if the case is not successful. Under a contingency fee agreement a solicitor will take a percentage of the money awarded to the claimant as their fee. This will often be more than their usual fee, which is seen as justifiable by the fact the solicitor has taken…

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Litigation costs: overview

Litigation costs: overview

Generally, in fast track and multi-track cases the courts’ approach is that ‘costs follow the event’, which means that if you win your case you are entitled to recover your litigation costs from the losing party. An award for litigation costs is subject to the judge’s discretion, however, and all costs incurred in your case must be ‘reasonable.’ This means that the costs must benefit your case and not be unduly excessive, taking into account…

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No win, no fee agreements: pros and cons

No win, no fee agreements: pros and cons

Apart from family or criminal matters, many types of claim are suitable for Conditional Fee Agreements, more commonly known as ‘no win no fee agreements’. This article sets out the pros and cons of using such agreements. Pros of no win, no fee agreements: Costs are linked to outcome. If you lose, you do not have to pay your solicitor anything (unless you agreed to pay court costs, expert’s fees and similar expenses that the…

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Sources of funding: overview

Sources of funding: overview

Legal aid You may be able to fund your case by obtaining Legal Aid. Currently, two main forms of Legal Aid are available: Legal Help and Legal Representation. Legal Help is limited to legal advice needed to prepare for court, while. Legal Representation is available for court proceedings. Non-profit centres Funding may also be available via local authority law centres and other non-profit agencies that provide legal advice, such as charities and pressure groups. Most…

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Terms used in legal actions

Terms used in legal actions

The hourly rate that most solicitors charge to do your legal work. What used to be called legal aid. This is a fund of government money to help people pay in certain circumstances who can’t afford to pay for a legal case themselves. A way of paying for your case, also known as ‘no-win, no-fee’. When someone sues you in response to you suing them. The money you win, either in court, or if you…

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The cost of taking legal action

The cost of taking legal action

Taking legal action can be expensive as well as stressful. If you have a problem or dispute with someone, you should first talk to your solicitor or adviser to consider the various ways of dealing with the problem. For example, there are conciliation and mediation services, which can be simpler than using the courts for sorting out disputes. See the Community Legal Advice leaflet Alternatives to Court for more information. If you do find that…

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What does no-win, no-fee mean?

What does no-win, no-fee mean?

What does ‘no-win, no-fee’ actually mean? ‘No-win, no-fee’ arrangements – sometimes called Conditional Fee Arrangements (CFAs) – remove the risk from making a legal claim. These arrangements are so-called because solicitors’ legal fees from the claimant are conditional upon success. In this context, no-win, no-fee literally means that, if a legal claim is unsuccessful, the claimant will not have to pay their solicitor’s fees. However, it is still possible that claimant will have to pay…

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