Key Takeaways
- Litigation funding can be used for a professional negligence claim against your former solicitor if your claim is strong, well-evidenced, and of sufficient value.
- Litigation funding is distinct from no win no fee agreements and requires robust prospects; alternative options like ATE insurance or conditional fee agreements may also be appropriate.
- Missing the limitation deadline risks losing your right to claim. Always check the current period before acting.
- If your former solicitor failed to advise you about funding options, you may have further grounds for a claim.
- Our solicitors assess the merits of your professional negligence claim and advise on funding solutions to suit your needs.
- Claimants face a risk of paying the other party’s costs if they lose. Insurance options exist to protect against this.
- Doing nothing can leave you with no recourse to compensation and exposed to costs.
- We help business owners, landlords, and individuals understand funding options for claims against solicitors.
If you want tailored advice or clarity on funding a solicitor negligence claim, book a free consultation with our team.
Can I Use Litigation Funding for a Professional Negligence Claim Against My Former Solicitor?
Yes, litigation funding can be used to pursue a professional negligence claim against your former solicitor if your claim meets certain criteria. Third-party funders will consider your case if it is well-evidenced, likely to succeed, and the claim value is substantial. Funders examine the evidence, the likelihood of enforcement against the solicitor or their insurer, and the overall prospects for recovery before offering support.
Claimants should also explore alternatives such as no win no fee arrangements or ATE insurance, and seek tailored advice to choose the optimal approach. Securing funding or suitable insurance is vital to manage the risks and potential costs of bringing a claim.
What Is Litigation Funding and How Does It Work?
Litigation funding allows you to bring a professional negligence claim without paying legal costs upfront. Instead, a specialist funder covers your solicitor’s fees in return for a share of any damages you may win.
How Does Third-Party Litigation Funding Operate in Solicitor Negligence Claims?
Funders will only back claims that are robust, well-supported by evidence, and where the defendant solicitor (or their insurer) can realistically pay any award. They assess whether the claim meets their financial thresholds and success criteria.
What Are the Typical Terms and Costs of Litigation Funding?
Funders pay ongoing legal costs as your claim progresses. If the claim fails, those costs are generally written off and you do not repay the funder. If you succeed, the funder receives a pre-agreed percentage of your compensation or a set fee.
You may also find our guide on Solicitor Negligence: UK Real Malpractice Examples & Your Legal Rights useful if you are considering a claim.
What Funding Options Are Available for Claims Against Solicitors?
Several funding routes may be open to claimants:
- Self-funding: Paying all legal costs yourself.
- No win no fee arrangements (Conditional Fee Agreements, CFAs): Pay only if the claim succeeds, usually with an uplift.
- Damages-Based Agreements (DBAs): Solicitor takes an agreed percentage of any damages recovered.
- After The Event (ATE) Insurance: Insures you against your opponent’s costs if you lose.
- Before The Event (BTE) Insurance: Legal expenses cover, sometimes available via home or business policies.
- Third-party litigation funding: A commercial funder pays your costs for a share in a successful outcome.
Public funding is generally not available for these claims.
Is Litigation Funding Always Available for a Professional Negligence Claim Against a Solicitor?
No, litigation funding is not automatic. Funders apply strict selection criteria and will only back claims that are strong, well-documented, and likely to result in financial recovery.
What Criteria Do Litigation Funders Use to Assess Solicitor Negligence Claims?
Funders typically look for:
- Strong evidence of negligence and that loss flowed from it
- A high prospect of success in court
- A claim value large enough to justify their risk
- A clear path to enforcement, such as the solicitor’s insurance
If your case is smaller or evidence is weak, consider alternative funding paths such as a CFA.
What Should I Do Before Approaching a Litigation Funder?
Before contacting potential funders, you should:
- Collect all paperwork, emails, and documents demonstrating the solicitor’s actions and your losses
- Obtain a preliminary assessment from a solicitor on the prospects and value of your claim
- Understand how different funding options, such as litigation funding and ATE insurance, can work together
- Ask whether your claim meets the funder’s criteria on value and evidence
If you need help preparing your claim, book a free consultation with one of our solicitors.
What Risks and Costs Should I Expect in a Solicitor Negligence Claim?
Bringing a professional negligence claim always involves risks and costs. Not every loss can be recovered, and even with funding for your legal fees, you may face liability for your opponent’s costs if you lose (adverse costs risk).
What Is Adverse Costs Exposure and How Can You Protect Yourself?
Adverse costs exposure means that, if you are unsuccessful, you could be ordered to pay the other side’s legal costs. This exposure can run into tens of thousands of pounds or more in complex claims.
How Can ATE Insurance Protect You from the Risk of Losing?
ATE insurance is designed to cover the risk of paying your opponent’s costs if you lose your claim. Premiums can often be deferred until you win, minimising upfront cost. Many funders require you to put ATE insurance in place before they will proceed.
You may find our article on what to do if your solicitor has been negligent helpful for practical steps and further information.
What Laws and Deadlines Apply to Professional Negligence Claims Against a Solicitor?
Professional negligence claims are governed by civil law in England and Wales, and limitation periods apply. If you wait too long to issue a claim, you may lose the right to compensation entirely.
Always check the current limitation period for your precise situation with a professional negligence solicitor before taking or delaying any action.
What Should You Do If Your Former Solicitor Failed to Advise You About Funding?
Solicitors are expected to explain relevant funding options when advising on litigation. If your former solicitor failed to advise you on matters such as no win no fee, ATE insurance, or third-party funding, and you suffered loss as a result, you may have grounds for a claim against them.
Can Failing to Advise on Litigation Funding or Insurance Be Professional Negligence?
Failing to discuss available funding or insurance options, especially where significant costs or risks arise, can be grounds for a negligence claim if you can show you suffered financial loss as a result.
What Are Your Options If You Were Not Told About No Win No Fee, ATE Insurance or Third-Party Funding?
If you were not properly informed of your options and this caused you loss, you should:
- Gather all correspondence and meeting records relating to funding discussions
- Keep a clear timeline of key instructions and advice
- Obtain a second opinion from a specialist solicitor negligence lawyer
Step-by-Step: How to Secure Litigation Funding for Your Solicitor Negligence Claim
Securing litigation funding for your claim involves the following practical steps:
1. Assessing the Strength of Your Claim
Begin by seeking a legal opinion to confirm whether your evidence and losses justify a claim.
2. Gathering Evidence and Supporting Documents
Assemble all emails, paperwork, and evidence that support your position and demonstrate the loss caused by your solicitor.
3. Approaching Funders and Presenting Your Case
Present a clear summary and supporting documentation to prospective funders for assessment.
4. Understanding Offers and Negotiating Terms
Review funding offers carefully. Look at the funder’s entitlement to damages, the way costs are covered, and their requirements regarding settlements.
5. Aligning Funding with Legal Advice and Insurance
Ensure your funding is compatible with ATE insurance and receive advice on how to keep cost-protection in place throughout your proceedings.
To find out if your claim could be suitable for funding, book a free consultation with our specialist team.
Our Approach to Funding Solicitor Negligence Claims
Our solicitors offer practical, expert support for clients seeking funding or insurance to pursue claims against negligent solicitors. We provide:
- An objective review to assess whether your case is suitable for funding or insurance
- Clear guidance on all available funding and cost-protection options
- Help preparing your case and negotiating funding or insurance offers
- Ongoing advice to minimise risks and unexpected costs as your matter progresses
- Transparent, practical communication throughout your claim
If you need support evaluating your funding options or presenting your claim for funding, you can book a free consultation with our team.
Frequently Asked Questions
Can I get a no win no fee agreement for a solicitor negligence claim?
A no win no fee agreement is possible if your claim is strong and the prospects of success are good. The exact terms will depend on the case and the solicitor’s assessment of risk.
What is the difference between litigation funding and a conditional fee agreement?
Litigation funding involves a commercial funder paying your legal costs for a share of the outcome, while a conditional fee agreement is a private arrangement between you and your solicitor, payable only if you win.
How do I know if my solicitor negligence claim is strong enough for third-party funding?
You need robust evidence, clear demonstration of negligence leading to quantifiable loss, and a claim value that meets the funder’s criteria. A solicitor can assess your likely prospects.
Do I need After The Event (ATE) insurance if I use litigation funding?
Funders often require you to have ATE insurance in place to cover the risk of paying the other side’s costs if your claim is unsuccessful.
What are my risks if I lose a professional negligence claim against a solicitor?
If you lose, you could be responsible for your own legal expenses, opponent’s costs, and insurance premiums. ATE insurance is a common solution to manage this risk.
How long do I have to bring a claim against my former solicitor?
A short, strictly enforced deadline applies. Always consult a solicitor to check the current limitation period for your claim before acting.
Can I get funding for a claim worth less than £50,000?
Funders typically prefer higher-value claims, but every funder sets their own thresholds. Conditional fee arrangements may be available for lower-value cases.
Will making a claim affect my business or personal reputation?
Litigation is a legal right, but if you are concerned about confidentiality or reputation, your solicitor can advise you on appropriate strategies.
What happens if my ex-solicitor refuses to negotiate or admit fault?
You can still proceed to court if you have a strong case. Legal advice will help you determine the best next steps.
Can I still claim if my previous solicitor failed to tell me about my funding options?
Yes, if this omission caused you financial loss, you may be able to bring a claim. Evidence of what was or was not discussed will be important.
Get Advice on Litigation Funding for Solicitor Negligence Claims
Understanding the options and risks for funding a professional negligence claim against a former solicitor is vital before you proceed. By preparing early, gathering evidence, and seeking qualified legal guidance, you increase your chances of securing the funding and cost protection you need to pursue your claim successfully. Missing key deadlines or delaying could affect both funding access and your right to compensation.
For clear, practical guidance on your funding options and how to proceed, call 0207 459 4037 or book a free consultation with our solicitors.
