he basic rule in a personal injury case in England and Wales is that "costs follow the event".
The rule is also sometimes described as the "loser pays".
In other words, if I win your case, the opponents' insurers will have to pay:
Your compensation
Your legal costs
This applies whether or not your claim is based upon no win no fee legal advice. Even with other methods of funding the rule still applies.
Who pays the other side's legal costs?
If your case is successful, then the other side will have to meet their own legal costs.
However, if your case is defeated, then you would have to meet the other side's costs. To protect you against this risk, litigation insurance can be arranged in certain cases.
The "loser pays" rule applies whether or not your claim is funded by way of a no win no fee agreement.
What is litigation insurance, and how does this apply in a no win no fee case?
A no win no fee compensation claim can be advanced with or without the protection of litigation insurance.
I can arrange litigation insurance in most cases on a "deferred premium" basis, at no cost to the client.
I do not insist on insuring every single claim.
Generally speaking, in an entirely straightforward claim, litigation insurance is an unnecessary expense.
However, for more unpredictable claims, litigation insurance gives peace of mind. The cost of the premium can normally be reclaimed in full from the opponent at the end of the case, and so you do not have to pay anything.
Why is litigation insurance recommended in certain no win no fee cases?
Realistically, a successful outcome to your claim can never be fully guaranteed.
I carry out a risk assessment at the commencement of each no win no fee claim. However, at the end of the day it is not possible to eliminate hazards such as:
An unsympathetic judge
Witnesses failing to support you
Flaws appearing in the medical evidence
Fresh evidence appearing which undermines your case.
As mentioned above, if it is agreed that your case should be insured, then the cost of the premium is reclaimed from the opponent at the conclusion.
Will there be any deductions from my compensation, assuming a successful outcome?
In the great majority of cases, I make no deductions from your damages, thereby leaving you with 100% of the final award.
There are certain exceptions to the above general rule, in particular the minority of cases where:
Limitation is about to expire when instructions are first accepted
The claim has already been started by other solicitors, before being abandoned or transferred
As a result of exaggeration, we fail to beat a previous defendants' offer
If any of the above factors apply, I will alert you to the likely position at the earliest possible stage and discuss matters with you fully before agreeing to proceed.
What is the normal outcome in a successful no win no fee personal injury claim?
The normal outcome in a successful no win no fee claim is that the opponents will pay your compensation.
Additionally, they must also pay your legal costs, including the litigation insurance premium (if insurance has been taken out).
Finally, the opponents must meet their own legal costs.
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