Litigation can be a significant investment of time, effort and of course money.
When you win you should recover a proportion of your legal costs from your opponent. If you lose, you will normally be required to pay a proportion of your opponent’s costs as well as your own legal costs.
It is important to carefully consider a strategy in order to deliver the results expected, with no hidden and unexpected costs. At Kennedys we aim to present a flexible and bespoke funding arrangement that suits your claim.
Before the Event Legal Expense (“BTE”) Insurance
What is BTE insurance?
The purpose of BTE cover is to meet legal costs that are incurred by the policyholder in relation to legal disputes that may occur in the future. It does not cover disputes that are already under way.
What can I do?
Consider your current insurance policies to see whether you have BTE cover in place. If you are not sure then we would be happy to check this for you. If so, please provide a copy of your BTE cover to Kennedys as soon as possible.
After the Event Legal Expense Insurance (“ATE”) cover
What is ATE insurance?
ATE provides the facility to protect some or all of your potential liability for the legal costs of your opponent (and possibly some of your own expenses such as barrister’s fees) with an insurance policy that is issued after the dispute has arisen.
Third Party Litigation Funding
There has been significant growth in the provision of third party funding.
Kennedys have developed a strong relationships with litigation funders to obtain the necessary funding for businesses and individuals to pursue claims, particularly against the banks and in other litigation cases. Following an initial assessment of your case we can then review with litigation funders to assess whether litigation funding can be obtained to pursue a potential claim.
Funders invest in litigation by providing help with legal costs, in consideration of a profitable return. It is not uncommon for a funder to charge the funded party approximately 30% of sums recovered in proceedings.
Third party funding is usually available where:
(1) the value of the claim is significant
(2) the prospects of success are good (usually 60% or over)
(3) the Defendant can pay any settlement reached or any judgment awarded against them.
Third party funding tends to work well in conjunction with the provision of an ATE policy.
If you have a claim and would like more details about how we can help fund it then please contact us.
Sharing the risk with your Solicitor
Conditional Fee Agreements (CFA)
- If the claim is unsuccessful, your solicitor will not charge a fee and
- If the claim is successful, your solicitor will charge a “Success fee”; being an “uplift” on top of their normal fees. This is normally calculated as a percentage of the overall fees.
You will be responsible for the “Success Fee” if your claim is successful. CFAs can be entered into before or at any stage during Court proceedings.
Discounted Conditional Fee Agreements (DCFAs) – ‘no win, low fee’
Commonly referred to a ‘no win, low fee’ arrangement, we can agree to charge a discounted fee if you’re unsuccessful, and if you’re successful we will look to recover the full fees from your opponents. Please get in touch for more details on this.
In certain circumstances we can fund your claim by entering in to a Contingency Agreement. This allows us to charge a percentage of the damages you recover as our fees. We can only do this, however, at a pre-issue stage in litigation.
Damages Based Agreements (“DBA”)
A contingency agreement like a DBA allows your solicitor to take a percentage of their client’s compensation or settlement monies as their success “fee” in the event of a win or settlement.
DBAs differ from CFAs under which the successful party’s legal costs are paid by the losing party based on hourly rates plus percentage uplift. There is a cap on the solicitors’ success fee which cannot be more than 50% of the level of damages recovered by the client.
This is where a solicitor agrees to undertake a piece of work for a set fee. The client will not be charged anything over the set fee.
Keeping it simple? Pay as you Go
You may wish to adopt the simplicity of a normal hourly “pay as you go” retainer for legal costs. At Kennedys we will provide you with regular costs estimates, in order to assist you with the process of “project managing” your case.
Find out more
To discuss any of the options explained above please don’t hesitate to get in touch with a member of our Litigation team by using the contact form on this page, calling or emailing on email@example.com