Costs

The general rule is that the "polluter pays", i.e. if you bring a successful claim the other side will have to pay your legal costs.  If you bring an unsuccessful claim then you would normally have to pay their costs.  Where you go to court costs are payable in addition to any damages, so do not agree to any arrangement where someone gets a cut of your damages. 

You can agree to pay your own solicitors whatever the result or only if you win.  The arrangement where you only pay if you win is called a "Conditional Fee Agreement (CFA)", but is colloquially referred to as "no win, no fee".  The solicitor takes on the risk with you and you work together to achieve the end result.  In return the lawyer is also entitled to seek a success fee if you win.  All costs, including the success fee, are then sought from the other side.  We believe in payment by results and recommend a CFA to anyone pursuing litigation.

Legal costs generally cover the following (this list is not intended to be exhaustive):

1. The time spent by a person at your lawyer's office working on your case.
2. Court fees.
3. Services provided by experts (e.g. medical reports).
4. Accident Report fees (usually Police Accident reports).
5. Travel expenses.
6. Barrister's fees.
7. Photocopying.
8. Legal expenses insurance fees.

You can insure against the other side's costs under a "Legal Expenses Insurance" policy.  If you do not have a policy already then you are only likely to find someone who will insure you if you have a cast-iron case, are prepared to pay an extortionate premium or you use a specialist solicitor who is trusted by the insurer and recommends they provide cover (we have an arrangement with a leading Legal Expenses Insurance provider that they will provide cover on every case we recommend to them).  Where you have such cover they will withdraw this if you do not co-operate with your solicitor or follow their advice.

Where you are liable to pay legal costs then you are entitled to ask the Court to assess what is a fair and reasonable amount.  Such issues are complicated and it is likely that you will need legal advice on this area, even if it is an argument with your own lawyers.  We regularly get asked to help people who have used non-specialist solicitors, lost their case and are being hit with big bills both from the other side and their own solicitors.  To date we have never failed to have those costs reduced.  The firm's costs specialist is Richard Clarke.  If you are being asked to pay legal costs and want a free, no obligation initial discussion on this then please give him a call.

Don't be someone else's learning curve. Call our 24 hour help hotline on 0800 783 6191 for clear, expert legal help or e-mail us at contact@whitedalton.co.uk

Print Page  |     |   Top of Page  |   Bookmark