Funding Options and Insurance for Actions
- Privately funding an action. This is the normal basis upon which solicitors are instructed to handle a claim. Legal fees will be charged in accordance with the time spent in connection with the matter, at a set hourly rate. VAT will also be charged if appropriate.
- Before the event insurance. This is a type of legal expenses insurance that will have been taken out before a claim was envisaged. It may cover the legal costs of pursuing a claim. Many individuals have this cover as part of their contents, building or car insurance and are unaware or unsure of the extent to which it may help them finance the bringing of a claim.
- After the event insurance. This can be taken out in conjunction with a conditional fee agreement to insure against the possibility of a claimant being ordered to pay a defendant's costs if he or she loses. In some limited circumstances it may also cover a claimant's own legal costs of bringing the claim.
- Conditional fee agreements. Under a conditional fee agreement we agree with you that we will not charge you if we do not obtain damages for you, but if we do recover damages for you, in recognition of the risk that we have taken on your behalf, a success fee is added to the normal legal fees. It will usually be necessary for you to take out insurance to cover the opposing parties legal costs if the action is unsuccessful.
A successful claim usually enables a recovery of a substantial part of the costs from the other party in addition to the award of compensation.
The appropriateness and availability of the various funding arrangements will depend on the facts of each individual case.