Solicitors are required to investigate and advise upon the best method of funding your claim, whether by way of Conditional Fee Agreement, paying privately or by way of a Legal Expense policy. If you are still a member of a Trades Union your Union may agree to assist you with a proposed claim by appointing Solicitors to act on your behalf.
The most popular way nowadays of funding a case is by way of a Conditional Fee Agreement. In 1995 Conditional Fee Agreements were introduced for the first time in England and Wales. These Agreements were often referred to as “No Win, No Fee”. Under these Agreements the Solicitor could charge their own client a success fee, if the case was successful, and also obtain some costs from the past employers’ Insurers. In 2000 this type of Conditional Fee Agreement was abolished and replaced by a new kind of Conditional Fee Agreement whereby, if the claim was successful, the winning party could not only recover basic costs but a success fee from the losing party, thus leaving the successful Claimant with 100% of all compensation obtained. Also, in 2000, Legal Aid was abolished for all personal injury claim cases.
In 2000 the Rules were changed so that a Claimant could insure against the risk of losing and having to pay the Defendant’s costs and disbursements. If the Claimant succeeded they would recover the cost of the policy from the Defendant but, if the claim was unsuccessful, the insurance policy would pay the Defendant’s costs and disbursements.
Most Solicitors who specialise in the field of asbestos disease litigation are prepared to offer Conditional Fee Agreements, but some require the client to pay for disbursements, e.g. medical reports, Court fees etc. and other Solicitors also require the client to take out After The Event insurance to protect the client from having to pay the other side’s costs, if the case is unsuccessful. You should always enquire about the disbursements are to be funded.
Our panel of Solicitors will only agree to represent you if they feel that you have reasonable prospects of succeeding with your claim. Plus they will pay for all disbursements as the case proceeds and will not charge you for this.
It is also possible to pay your Solicitor privately, although this way of funding a case is not particularly popular as it requires the client to be responsible for the Solicitor’s bill, no matter what the outcome of the case.