Funding a case if you are claiming against professionals
There are different methods of funding your claim and our aim is to be flexible in providing a solution to your funding needs. For instance, we may act on a ‘no win, no fee’ basis dependant on the nature of your claim. Or we may be able to obtain ‘after the event insurance’. In some cases Public Funding (previously known as Legal Aid) is still available.
The basics - a question of trust
The relationship between a client and any professional should be based on trust. In a professional negligence case the basis of trust with a previous professional has already been damaged. Our aim is to make sure that the relationship you have with Mayo Wynne Baxter is based on mutual trust. That way we can work to achieve the desired outcome. Understanding costs is a part of that trust.
As you will understand, work done for you in a litigation case has to be paid for. Ultimately it is the client's responsibility to meet these costs but these days there are various ways in which the cost of pursuing a claim can be funded. We aim to be as transparent as possible about our charges. In any event, funding should not be a bar to you pursuing a claim if your case is sufficiently strong.
The starting point
Unless you agree with us one of the alternative funding arrangements, we will charge you on the basis of our normal Terms and Conditions of business. These set out the nature of the relationship between us and set out our charges which are calculated on the basis of the time we spend progressing your claim.
Normally we estimate costs which we revise if needs be. We can also estimate up to, for example, the lodging of your claim at court, and try to provide you with an estimate of the next stage of your case. In any event you have control. We can also agree at the outset if you wish to place a limit on the cost to be incurred. We would then seek your permission before further work on the case was done.
Remember, an estimate is only a guide, not a binding quotation. Please also bear in mind other points below on recovery of your legal charges and expenses as you are taking a risk in any litigation.
There are however a number of other options. Please let us know if you want further information on any of the following:
- Funding from third parties such as a trade union, family or employer
- Risk sharing with insurers
- Risk sharing with lawyers
Risk sharing - those who may offer to share the risk of your litigation include insurance companies, lawyers or combination on these two. Some cases will simply not be suitable for risk sharing. Remember too, that third parties who offer to fund you will expect to share the rewards.
For more information on professional negligence please contact Karim Mohamed.