How do I fund a claim?
How do I fund a claim?
"We help you make
the choice that
best suits your
circumstances"
Richard Follis, Partner
the choice that
best suits your
circumstances"
Richard Follis, Partner
Careful thought needs to be given to funding and exactly how the action will be paid for, including the possibility that you'll lose.
Why is civil claims funding an important issue?
There are costs associated with pursuing court proceedings, whether or not you've appointed a solicitor.
And if you lose, you'll be ordered to pay the other party's costs as well as your own. If both parties are legally represented, pursuing unsuccessful litigation can be very expensive.
What types of funding are available?
- Public funding (legal aid) -The Legal Services Commission (the Legal Aid Board) is imposing ever tighter restrictions on the types of claim they will fund and on exactly who is eligible for this type of funding. To qualify for public funding you'll need to pass both a merits test and a means test. To pass the merits test, a solicitor must deem that the claim has a reasonable prospect of succeeding. The means test depends solely on the financial resources of the individual applying for public funding. Most people receiving state benefits and who have children will pass the means test.
- Legal expenses insurance - this form of funding is associated with motor and household insurance policies. When considering how to fund a claim, many people are unaware that they may have this form of cover and usually nothing more than a phone call to their insurance provider is needed to determine whether or not such cover exists.
- Conditional fee agreements (no-win-no-fee) - conditional fee agreements (CFAs) have become more common following the withdrawal of public funding for personal injury cases. A CFA is an agreement between you and your solicitor, and means your solicitor won't charge you for work done on your case if you lose. If you win, your solicitor will seek to recover costs from the defendant. If you'd like more information about how to fund a claim through a CFA, please contact one of our specialist solicitors.
- Private funding - this sees you paying for legal costs out of your own pocket and - if unsuccessful - those of the defendant, too. Clearly, this can prove very expensive.
- Union funding - you may be to fund a civil claim if you are a union member. Similar criteria are likely to apply as for legal expenses insurance, mentioned above. To find out more you should contact your union representative.
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