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Funding

Legal Funding

Our lawyers are committed to ensuring that access to exceptional legal representation is available to everyone, regardless of financial circumstances. We offer a range of fixed fee & flexible funding solutions.

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Transparent, Honest & Flexible Litigation Funding

One of the key values at Go Legal is price transparency. We empower clients at the very outset with accessible, effective, and transparent options to fund your legal case (including third-party funding options).

We believe that financial constraints should not stand in the way of asserting your rights or defending your legal interests. Our litigation funding solutions have been designed by our expert litigation lawyers to alleviate the financial burden so that you we focus on seeking justice and the outcome you deserve.

Our extensive experience in dealing with high-value and complex legal matters has allowed us to provide tailored legal funding options to our clients to suit their circumstances. We are here to guide you through the litigation funding process.

We prioritise price transparency and will work closely with you to find the litigation funding solution that best aligns with your circumstances whether it’s providing you with fixed fee options, no win no fee, third-party funding, litigation funding or hourly rated work. Each litigation funding package is designed in consultation with you and your unique circumstances.

Our Approach to Litigation Funding 

Our goal is to ensure that you are fully informed about your litigation funding options at every juncture and the potential costs associated with your case. Our experienced litigation lawyers are here to support you every step of the way including:

  • Preparing a bespoke litigation funding package for you (incl. fixed fees and no win no fee arrangements)
  • Preparing a detailed costs budget to manage the costs of a legal claim
  • Advising and providing you with a cost estimate & litigation finance
  • Updating the costs budget as necessary throughout
  • Regular billing (with breakdowns) so that you can keep track of the costs throughout
  • Considering and advising on litigation funding and options available to you
  • Preparing applications to litigation funders on your behalf
  • Liaising with our network of litigation funders on your behalf to give your application the best prospect of success.
 

We have a vast network of litigation funder contacts that will be able to fund your claim (if suitable), or provide ATE insurance once we have completed our case assessment and advised you. The funders can provide favourable rates and packages for our clients.

Success in Recovering Legal Costs

Our expert commercial litigation lawyers have an excellent track record of being able to recover legal costs from the opponent in litigation, and we have recently routinely been able to recover 100% of our client’s legal costs from the opponent. 

Our expert dispute resolution lawyers are also specialists in cost litigation; this work is not outsourced to cost lawyers like other firms. This provides a unique advantage and can make a significant difference by having the same lawyer who represented you in the underlying claim recover your costs. This often means that our clients effectively do not pay any fees out of their own pockets for the work of our expert lawyers as it can be recovered from the opponent.

Free Consultation

Your legal matter is important to us, and we are committed to helping you navigate it with confidence and peace of mind. Please explore our litigation funding options below and feel free to reach out to us by telephone on 0207 459 4037 if you have any questions or would like to discuss your specific situation in more detail with our lawyers.

Legal Funding Solutions

Fixed fees

Fixed Fees

Our fixed fee structure offers transparent and predictable costs for specific legal services. With no hidden surprises, you will know exactly what to expect from the outset, ensuring peace of mind and efficient financial planning for your case.

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Hourly Rates

Our hourly rate model provides a flexible approach, where you to pay for the time dedicated to your case. This is suitable for complex matters. Our hourly rates are much lower than other firms ensuring that any shortfall that you are not able to recover from your opponent is minimal.

No win no fee

No Win No Fee

Our "No Win No Fee" model means you only pay us if we succeed in achieving a positive outcome. This minimises financial risk for you and underscores our confidence in delivering successful results. This funding option is offered on a case by case basis and only once we have fully investigated your case.

Retainer

Retainer

With our retainer option, you can secure immediate access to legal expertise as and when you need it for example, if you have several ongoing issues. This arrangement ensures that legal support is readily available 24/7, providing you with ongoing guidance and assistance.

Fixed fees

Combination of the above

Our combination pricing approach is designed to offer a completely bespoke solution. We will customize a funding strategy that may involve a mix of fixed fees, hourly rates, and other arrangements, ensuring you receive solution that fits your unique circumstances.

Choose Excellence in Dispute Resolution

Our Mission

Our litigation solicitors have a proven track record of delivering successful outcomes for clients. Go Legal was founded to make exceptional lawyers accessible and solutions affordable.

Our lawyers and mediators have decades of experience and specialise exclusively in commercial litigation. Our lawyers have been described as “the best litigators in the country” & provide solutions to clients in the following areas of law:

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Karim Oualnan

Partner and Managing Director

Our Story

Having worked more than a decade in law and fuelled by his passion for access to justice, Karim envisaged a different law firm – one that stood as a symbol of hope, fairness, and an unwavering dedication to justice. By providing legal services through a partnership with Go Legal and Spencer West, Karim has been able to create this vision.

Karim did not have a storybook beginning. His childhood echoed with challenges, where he witnessed his family and friends struggle with legal issues. It made him realise that there are individuals and businesses caught up in the complexities of the UK legal system who need reliable, affordable and technically astute lawyers to get results.

Our lawyers make a promise – we will work hard to achieve the best outcome for you. We are here to help!

Our Values

Our firm’s values ensure that we consistently exceed client expectations. We are:

  • Honest: Our lawyers are trusted by many clients
  • Generous: We are technically astute lawyers with compassion, & a genuine desire to help
  • Dedication: Our lawyers tackle each case with relentless dedication & work tirelessly to achieve a successful outcome
  • Innovative: We have access to technology & strategies not used by other law firms
  • Guardians: Our lawyers will guide you through every legal step, ensuring clarity & understanding at all stages

200+

Lawyers*

95%+

Success

20

Offices*

*through our exclusive partnership with Spencer West LLP

Our lawyers are regulated and members of:

Reviews

Karim Oualnan handled a contractual case to a successful resolution. Karim was very diligent, always providing great, honest advice in which Karim always put my best interests at the forefront of his suggestions during the case. He is very reliable, trustworthy and always on hand to help. I would highly recommend Karim.
I have no hesitation in recommending the services of Karim and his team. I had been banging my head against a brick wall after my bank forced the closure of my accounts and froze a substantial amount of my cash assets. Karim quickly reviewed all of the documentation relating to the matter and issued a letter before claim and formal...
We hired Karim for a commercial dispute, with a UK based entity that breached our P.O. terms. The difficulty with the case was that we have paid a down payment without much leverage to recover it. The supplier misled us forever 2 years and finally decided not to pay our down payment. However, with the support of the lead lawyer...
Very satisfied with the way that Karim Oualnan and his team took hold of a messy conveyancing professional negligence claim, and progressed it all the way through to an amicable settlement in just over 6 months. Professional, courteous, knowledgeable and also pragmatic with advice and strategy. I would not hesitate to recommend.
Karim offered me some advice regarding a lease issue. He was kind , courteous, knowledgable and above all really generous with his time and support . I would recommend Karim in a heartbeat for explaining things so clearly without patronising and for making me feel so at ease.
Karim is wonderful to work with, attentive, calmed and a knowledgeable professional. I appreciate his help a lot, he guided me in a way that not a lot of people does. Reliable and a great motivator.

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Litigation Funding FAQs

We understand that legal fees may be a concern, but rest assured that our fees are always reasonable and much lower than other firms with our experience and expertise.

Our firm offers various funding solutions including contingency fee arrangements (no win no fee agreements), fixed fees, and hourly rates, depending on the nature of your case. We will work with you to find a funding solution that aligns with your budget and commercial objectives.

For more information on funding arrangements that may be suitable for you, please get in touch with us and we can discuss this further in a Free Consultation with one of our expert lawyers on 0207 459 4037.

There are several funding options to finance the legal fees associated with your legal dispute. Our expert dispute resolution lawyers have extensive experience in litigation funding and providing bespoke solutions to client to fund their legal claims. We will consider with you in consultation the best funding options for your individual circumstances and manage the process including any applications to third party funders. Some of the funding options include:

  1. Conditional Fee Agreements (CFA): Commonly known as ‘No Win, No Fee’, under a CFA, solicitors agree to act without charging upfront fees. They will only get paid if the case is successful.
  2. After the Event (ATE) Insurance: This insurance covers the risk of having to pay the opponent’s legal costs if the case is lost. Premiums can be high but are only payable if the case is successful.
  3. Third Party Litigation Funding: An external funder agrees to pay some or all of the legal costs in exchange for a share of the damages if the case succeeds. If the case is lost, the funder loses their money.
  4. Damages-Based Agreements (DBA): A DBA is a contingency fee arrangement. If the claim is successful, the solicitor will take a percentage of the damages. If the claim is unsuccessful, the client will not have to pay the solicitor’s fees.
  5. Legal Expense Insurance: Some insurance policies (often home or car insurance) include legal expense cover, which might fund certain types of litigation.
  6. Hourly Rated Work: The traditional approach where solicitors charge clients based on the time spent on their case.
  7. Fixed Fees: A set fee agreed upon for the entire case or for specific stages of the litigation.
  8. Crowdfunding: Raising small amounts of funds from several people, typically online, which can be used to support legal actions.
  9. Self-Funding: Some clients may opt to fund their litigation from personal or business resources.

At Go Legal, we pride ourselves in offering tailored solutions, understanding the unique circumstances of each client, and advising on the best funding strategy. If you have any questions about any of the funding options available, please do not hesitate to give us a call for a Free Consultation.

Yes. We often get asked whether we can accept instructions on a “no win no fee” basis such as a Conditional Fee Agreement (“CFA”) or a Damages Based Agreement (“DBA”). We consider each claim on a case-by-case basis and we will discuss the different funding options with you to assess what type of funding arrangement would be in your best interest including whether you have an existing insurance policy in place which may provide a contribution towards your legal costs.

Yes, we offer fixed fee options for certain work and for specific types of commercial litigation cases. This provides you with clarity and predictability regarding legal costs from the outset. If you wish to instruct us on a fixed fee basis, we will discuss this further with you in the initial consultation and this will depend on the complexity of the work and the scope of the work required. We have acted for many clients on a fixed fee basis, and this provides clients with certainty of cost and will know what they will get for that fixed fee.

Litigation funding, often referred to as “legal financing” or “third-party litigation funding”, is a progressive solution that enables law firms, individuals, businesses to pursue legal claims without bearing the upfront costs themselves. In essence, a third-party company, unconnected to the litigation, agrees to fund all or part of the legal expenses in exchange for a share of the damages if the case is successful.

At Go Legal, our lawyers recognise the significance of such financial instruments in ensuring access to justice. We have great relationships with several leading litigation funders and brokers that provide capital to our clients and funding portfolio of claims.  With the rising costs of legal proceedings, litigation funding has emerged as a vital tool, ensuring that cases with merit can proceed without being hindered by financial constraints.

Here is how litigation funding works:

  1. Go Legal Assessment: We will consider all relevant documents and advise you in conference as to the merits and risks with your claim. If in our view, it is a case suitable for litigation funding we will liaise with our network of litigation funders in order to explore funding or alternatively, we will offer you a comprehensive funding package that includes fixed fees or hourly rated work to manage your claim.
  2. Funder Assessment: If your claim is suitable for litigation funding. A litigation funder will evaluate the strength and potential value of your claim. This often involves in-depth legal and financial analysis. We will complete all the necessary paperwork, meet with the litigation funder and give them in-depth details of the legal arguments and tactics we consider will strengthen your claim.
  3. Agreement: If the funder believes your case has a strong chance of success, they will agree to cover your legal fees either in part or in full.
  4. Recovery: If the case is successful, the funder will reclaim their costs from the damages awarded, along with a pre-agreed percentage or fee. If the case is unsuccessful, the funder bears the costs, and you will not have to pay anything.

The model is essentially “no win, no fee” from the client’s perspective, but it is backed by the financial muscle of the litigation funder. If the claim is not successful, the funder will not receive any monies and the client will not have to pay any fees.

Case Example:

Client A engaged one of our lawyers at Go Legal to evaluate and advise on the claim. We saw merit in the claim, however due the financial constraints of Client A they were not able to fund the claim. Our lawyers explored all possible funding options, and the client considered that litigation funding would be the best for their needs. Our lawyers then approached several litigation funders who agreed to fund the claim. From the awarded amount, the litigation funder received their initial costs (£300,000) plus their pre-agreed percentage of the damages (30%). Client A retained the remaining balance of the settlement sum which they might never have seen without the aid of our lawyers and litigation funding.

It is worth noting that litigation funding is not suitable for all cases. The nature, potential return, and risks associated with each case will determine its eligibility. However, the concept has revolutionized the way many view the litigation process, ensuring that justice is not just reserved for those with deep pockets.

For those considering litigation but concerned about the costs, litigation funding offers an innovative solution, bridging the gap between legal rights and financial realities. At Go Legal, our expert team can guide you through the intricacies of litigation funding, ensuring you make informed decisions aligned with your best interests. Please do not hesitate to call us on 0207 459 4037 for a Free Consultation today.

Yes, third-party funding is an option where a professional funder covers your legal fees and expenses in exchange for a share of the proceeds if your case is successful. We can provide guidance on finding reputable funding partners in our consultation.

We are also able to fund the legal fees for claims ourselves by way of a conditional fee agreement or damages-based agreement. We will need to conduct a thorough assessment of the claim (together with counsel if necessary) in order to determine the merits of the claim, strategy and tactics to reaching a successful outcome for you. We do not have a minimum threshold for claims – for example, our lawyers have in the past offered damages-based agreements to claims that are worth only £50,000 but it is on a case-by-case basis. Typically, we would consider claims with a value of between £1m and £10m or more to be more suitable to litigation funding and financing.

Obtaining third-party litigation funding involves a structured process that ensures the litigation or arbitration has merit and offers a reasonable chance of a favourable outcome. Here is a step-by-step guide based on our lawyers’ extensive experience in litigation funding:

  1. Case Assessment: Before anything else, we will consider how strong your legal case is and the strategy in order to get the best result for you in consultation. Funders are generally only interested in backing claims they believe have a high chance of success. We will discuss funding options with you during our consultation and provide initial guidance on the suitability of your case for funding.
  2. Choose a Suitable Funder: Different funders may have preferences for certain types of cases. Our expert lawyers can help identify appropriate funders for your specific circumstances. Our lawyers have established relationships with various leading litigation funders, ensuring you are directed to one that aligns with your needs.
  3. Prepare a Comprehensive Case Pack: This is usually prepared by our lawyers. The pack will contain detailed information about your claim, including key evidence, estimated costs, likely timescales, and potential recovery amounts.
  4. Funder’s Assessment: Once you submit your case for funding, the funder will assess its viability. They will consider factors like the potential return on investment, the strength of your claim, and the likelihood of a successful recovery.
  5. Terms Agreement: If the funder is interested in supporting your case, they will provide a funding agreement. This outlines terms including how much they will provide, what they expect in return (usually a portion of the recovered sum), and other conditions.
  6. Access to Funds: Once the agreement is finalised, you will have access to the funds. These are typically used to cover legal fees, court costs, and other expenses associated with the claim.
  7. Stay in Communication: Throughout the litigation, maintain open communication with the funder. They may request regular updates on the progress of the case.
  8. Case Conclusion: If the litigation is successful, the funder will recoup their investment plus the agreed-upon return from the proceeds. If the litigation is not successful, the funder bears the loss, and you usually won’t owe anything.
  9. Legal Advice: It is essential to consult with your legal team every step of the way. They will offer invaluable guidance, ensuring you understand all the nuances associated with third-party funding.

While litigation funding can provide significant advantages, especially for claimants with strong cases but limited resources, it is vital to understand all terms and potential implications fully. Litigation funding can typically be more expensive than funding the claim yourself if you have the resources and means to do so. We will discuss the various litigation funding options with you during our Free Consultation and decide with you the best funding solution for your circumstances.

The decision to provide litigation funding is ultimately down to the discretion of the third-party funder. However, in our experience there are common criteria which funders usually consider when assessing the eligibility of a case. Here is a breakdown of the typical criteria:

  1. Strength of the Case: Above all else, funders will assess the legal merits of your claim independently of our firm. They will want to see a case that has a strong chance of success, based on the available evidence and legal arguments. They may even get a second opinion or external counsel to consider the merits of the claim. They may also insist on a written opinion of your claim.
  2. Potential Damages: The potential recovery amount must justify the costs of litigation. Funders typically look for cases where the potential award or settlement is many times greater than the estimated legal costs.
  3. Ability to Pay: The defendant (or opposing party) must have the means to satisfy a judgment or settlement. This could mean that they have assets or an insurance policy in place.
  4. Jurisdiction: Funders often prefer cases that will be heard in jurisdictions with established and predictable legal systems, such as the High Court in England and Wales.
  5. Estimated Costs: An assessment will be made regarding the estimated costs of pursuing the claim, including legal fees, court fees, expert witness fees, and other associated expenses.
  6. Duration of Litigation: While funders are usually prepared for long battles, they will want an estimate of how long the case might take, as this affects their return on investment.
  7. Legal Team: The experience, reputation, and track record of your legal team can influence a funder’s decision. At Go Legal, the reputation of our expert lawyers and our past cases often plays in our clients’ favour when seeking funding.
  8. Adverse Costs Risk: The UK operates on a ‘loser pays’ system, meaning the unsuccessful party might have to pay the other side’s costs. Funders will want to see that there are measures in place, such as After The Event (ATE) insurance, to cover this potential liability.
  9. Funding Structure: Funders will want clarity on how their investment ranks against other potential liabilities, ensuring that their stake in the proceeds is clearly defined.
  10. Ethical and Strategic Considerations: Funders might consider the broader implications of the case. For instance, they might be more inclined to back cases that set important legal precedents.
  11. Clear Communication: Funders appreciate cases presented transparently, where potential challenges are highlighted. This establishes trust from the outset.

It is important to remember that every funder will have their own specific criteria and risk appetite. The best approach to determine your case’s eligibility is to consult with our experienced lawyers at Go Legal, who can provide tailored guidance based on your individual circumstances.

Legal expense insurance (LEI) is a type of insurance coverage designed to help individuals and businesses cover the potential costs of legal action. It can be particularly useful in helping to mitigate the financial risks associated with litigation.

There are essentially 2 typos of legal expenses insurance:

  1. Before-the-Event (BTE) Insurance: This is taken out before any legal dispute arises. It is a proactive measure, often added as an optional extra to other insurance policies like home or car insurance. It can cover potential future legal expenses for a range of legal disputes including litigation.

 

  1. After-the-Event (ATE) Insurance: This is acquired after a legal dispute has arisen. It is especially popular in no-win, no-fee agreements. The primary purpose is to cover the potential liability for the opponent’s legal costs if the case is lost.

Legal expense insurance can cover a range of costs, including:

  • Solicitors’ and barristers’ fees
  • Court fees
  • Expert witness fees
  • Opponent’s legal costs in the event of a loss (especially in ATE insurance)

There are several advantages of legal expenses insurance, which we will discuss with you further in consultation once we have considered your papers and advised on the merits of your legal case but in summary, legal expenses insurance provides:

  1. Financial Security: Legal expenses insurance provides a safety net, ensuring that you can pursue or defend a claim without the immediate worry of substantial legal costs.

 

  1. Access to Justice: With the backing of litigation expenses insurance, individuals and businesses can assert their rights or defend their interests without being deterred by financial constraints.

 

  1. Risk Management: Especially with ATE insurance, clients can manage the potential financial risk of litigation, knowing that if they lose, the insurance might cover the opponent’s costs.

At Go Legal, we understand the intricacies of legal expense insurance. We can guide you through the process, helping you to understand the terms and conditions of any policy and ensuring that your interests are protected throughout the duration of your legal matter.

In essence, legal expense insurance is a tool that offers individuals and businesses a layer of financial protection when dealing with legal disputes. It ensures that the costs of legal proceedings, which can sometimes be unpredictable and significant, are managed and mitigated.

As litigation funders are financing the claim, they will naturally have some say in the litigation and in particular settlement discussions as it will affect the financial outcome they ultimately receive; litigation funders wish to maximise the amount that is recovered and thereby the profit for the risks in investing in your claim. Below we break it down in a bit more detail and differentiate between litigation funders and legal expense insurers.

  1. Litigation Funders:
    • General Principle: Funders typically do not have control over the day-to-day conduct of a legal case. Their role is primarily financial. Their agreement usually includes clauses specifying that the client and their legal team at Go Legal retain complete control over the strategic and daily decisions of the case.
    • Settlement: However, funders will usually have a say when it comes to settlement decisions, given their financial stake in the outcome. This doesn’t mean they can force a settlement, but they might have the right to terminate funding if they believe a reasonable settlement offer is declined. It’s always in the interest of all parties to communicate and make informed decisions collectively.
  2. Legal Expense Insurers:
    • Choosing Legal Representation: Some legal expense insurance policies might stipulate that the insurer has the right to choose the legal representation for the insured. However, in many cases, especially in more complex or high-value claims, the insured may have the right to select their own solicitor, like Go Legal. Our clients have not had any issues with legal expense insurers in having our expert lawyers be appointed to pursue the claim on behalf of our clients whilst the insurer pays our fees (or a proportion of the fees).
    • Control Over Case: Like funders, legal expense insurers will not typically interfere in the day-to-day running of the case. However, they may need to be kept informed about major developments and key decisions, especially those that impact the potential costs or outcome of the case. This will typically be incorporated into the funding agreement with the insurer and the policy therefore it is important to read it carefully to ensure that there is no breach in the terms.
    • Settlement: Legal expense insurers may have terms regarding settlement decisions. It is essential to understand these terms when entering into an agreement.
  3. Protection of Client Interests: Both litigation funders and legal expense insurers in the UK are bound by codes of conduct that protect the client’s best interests. For instance, the Association of Litigation Funders (ALF) has a code of conduct that its members adhere to, ensuring transparency, fairness, and protection for clients.
  4. Engaging with Go Legal: Our duty is always to our clients. Regardless of the funding arrangement, we will always act in your best interests. We strive for clear communication between all parties involved to ensure the case progresses smoothly and your rights are upheld.

In summary, while funders and insurers have certain rights that relate to their financial involvement or risk, they do not “control” the case in the traditional sense. The client, our firm and the counsel team remain at the helm of the litigation strategy and day-to-day decisions. If you have any question in this regard, please do not hesitate to call us today for a Free Consultation with one of our expert lawyers.

The duration for obtaining litigation funding varies based on several factors.

  1. Case Evaluation: Before funders consider an application, they will conduct a thorough evaluation of the merits of the case. This involves understanding the potential risks, legal arguments, estimated damages, and likelihood of success. The timeframe for this can vary but often takes several weeks.
  1. Documentation Review: Funders will also want to review all relevant documentation, including evidence, expert reports, and legal opinions. If these are readily available and well-organised, this phase can be expedited.
  2. Negotiation of Terms: Once the funder decides to support a case, terms and conditions of the funding will need to be negotiated and agreed upon. This could take an additional few days to several weeks, depending on the complexity of the case and the terms.
  3. Overall Timeframe: Generally, a straightforward application with all necessary documents in place might take 4-6 weeks from start to finish. However, more complex cases can take longer.

At Go Legal, we strive to make the application process as efficient as possible for both the client and for the funder to accept our client’s application for funding. Given our relationship with some of the leading litigation funders in the UK and globally, we can get applications over the line a lot quicker. We have a deep understanding of what funders look for and can guide you in preparing a compelling case for funding, potentially speeding up the application process. If you have any questions about this, please do not hesitate to contact us.

Yes, third party litigation funding is subject to regulation in England and Wales. Here’s what you need to know:

  1. Self-Regulation: Litigation funding is primarily self-regulated by the Association of Litigation Funders (ALF). Members of the ALF must comply with a code of conduct which sets out standards of best practice and transparency.
  2. Key Principles: The code mandates several key principles:
    • Funders must maintain sufficient capital to cover their funding commitments.
    • Funders cannot terminate agreements without a valid reason (e.g., a material adverse change in the funded party’s prospects of success).
    • Funders cannot exert undue control over the litigation they are funding.
  3. Calls for Statutory Regulation: Over the years, there have been calls for statutory regulation of the industry, especially given its growth and the increasing amounts of money involved. However, no such statutory regulation has been implemented as of yet.

Clients seeking litigation funding should be aware of these standards and choose funders and legal representatives who uphold them. We always ensure that any funder we introduce to our clients adheres to the highest standards, whether they are members of the ALF or not. Ensuring ethical and transparent practices is at the heart of what we do at Go Legal.

In English and Welsh civil litigation, there is no general requirement to disclose the existence of a litigation funding arrangement to the opposing party. However, there are specific situations where it might be necessary or advisable to disclose:

  1. Costs Proceedings: If a costs order is made in your favour, and you want to recover the cost of the litigation funder’s return, disclosure may be required.
  2. Security for Costs: An opponent might apply for a security for costs order, arguing that if they win, there will not be sufficient funds to cover their costs. In such instances, disclosing a funding arrangement can act as reassurance.
  3. Arbitration: Some arbitration rules require disclosure of third-party funding arrangements.

While disclosure is not always mandatory, at Go Legal, our expert litigation lawyers will guide our clients on the strategic implications of disclosing such arrangements.

The Association of Litigation Funders (ALF) Code of Conduct sets standards and practices for litigation funding in the UK for example:

  1. Capital Adequacy: Members of ALF must have adequate financial resources to cover funding agreements for a minimum period into the future.
  2. Termination of Funding: Funders cannot terminate a funding agreement without a valid reason. Typically, a reason might be a material adverse change in the case’s prospects.
  3. Control over Litigation: While funders can provide input, they should not seek to influence the funded party or their legal counsel to the detriment of the party’s best interests.
  4. Transparency: The code mandates clear and transparent terms within funding agreements, ensuring clients are well-informed.
  5. Resolution of Disputes: The Code provides mechanisms for resolving disputes between funders and funded parties, promoting fairness and transparency.

At Go Legal, we ensure that any litigation funder we recommend adheres to the ALF Code, ensuring ethical, transparent, and client-focused practices.

A Conditional Fee Agreement (CFA), commonly known as a “No Win, No Fee” agreement, is a contract between a solicitor and their client in England and Wales. Under a CFA, the solicitor agrees not to charge their client any solicitor’s fees if the case is unsuccessful. If the case is successful, the client will pay the solicitor’s standard fees, and potentially a success fee, which is an additional amount, usually a percentage of the damages recovered.

Case Example:

Client A approaches Go Legal for representation. After a thorough assessment of the case, Go Legal offers Client A a Conditional Fee Agreement (CFA) or “No Win, No Fee” arrangement.

Under the CFA:

  1. If Client A loses the case, they will not have to pay Go Legal’s solicitor fees.
  2. If Client A wins, they will pay Go Legal’s standard fees and an additional success fee, agreed upon as 80% of the solicitor’s standard fees.

The case proceeds and, with the expertise of Go Legal, Client A successfully claims compensation of £1m from the opponent. From this, Client A pays Go Legal the basic charges and success fee of 80% on top. If our fees were £20,000 then the client would pay us £20,000 plus 80% (£16,000). This means Client A retains the balance of the compensation.

A success fee in a CFA is an additional fee that the client agrees to pay their solicitor if the case is successful. It is expressed as a percentage of the solicitor’s standard fees and is designed to compensate the solicitor for the risk they take in potentially not being paid if the case fails.

Prior to April 2013, a winning party could recover the success fee from the losing opponent. However, since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into effect, success fees in CFAs can no longer be recovered from the losing side in most types of cases. This means that the success fee is usually deducted from the client’s damages.

A discounted CFA, sometimes known as a “No Win, Low Fee” agreement, is a variation of the traditional CFA. Under a discounted CFA, the client agrees to pay a reduced hourly rate to their solicitor regardless of the case’s outcome. If the case is successful, the solicitor will recover the difference between their standard fees and the discounted fees already paid, plus a success fee.

Case Example:

Client A approaches Go Legal for assistance. Recognising the merits of the case but also understanding Client A’s financial constraints, Go Legal offers a Discounted Conditional Fee Agreement (CFA).

Under the Discounted CFA:

  1. If Client A loses, they will pay a reduced fee to Go Legal (let us say 50% of the standard fee).
  2. If Client A wins, they will pay Go Legal’s standard fees plus a success fee, agreed upon as 20% of the standard fees.

The case progresses, and Client A is awarded £50,000 in compensation. Given the win, Client A pays Go Legal the standard fees and the additional 20% success fee.

Whether a CFA is suitable for you or not is something that our expert lawyers will advise you on in consultation and in consideration of your unique case circumstances and needs. You should be aware that contingency fee agreements are typically more expensive for clients given there is a success fee that you will need to pay to the law firm if you are successful with your claim.

Advantages:

  1. Financial Accessibility: CFAs make legal representation accessible to those who might not have the funds to pay solicitors’ fees upfront.
  2. Shared Risk: The solicitor shares the financial risk with the client, aligning both parties’ interests towards a successful outcome.
  3. Flexibility: Especially with discounted CFAs, clients have the flexibility to decide on a payment structure that aligns with their financial capabilities.

Disadvantages:

  1. Potential Deductions from Damages: If the case is successful, the success fee will usually be deducted from the client’s damages, reducing the net amount received.
  2. Possible Higher Overall Costs: If the case is successful, the total costs might be higher than if the client had paid standard fees without a CFA.
  3. Not Available for All Cases: Some solicitors might not offer CFAs for cases they deem to have a lower chance of success. Moreover, it is not available for defendants. It is only available for claimants advancing a claim against another party.
  4. Potential Conflicts of Interest: While rare, there is always a concern that a solicitor might advise accepting a settlement to ensure they receive payment, even if it might be in the client’s best interest to proceed to trial.

At Go Legal, we prioritise open dialogue and transparency, ensuring that our clients fully understand all aspects of a CFA, empowering them to make informed decisions about their case funding. If you have any questions as to whether a conditional fee agreement is suitable for your client, please do not hesitate to let us know.

A Damages Based Agreement (DBA) is a type of funding arrangement between a client and their lawyer in England & Wales. Under a DBA, the lawyer agrees to act for the client in exchange for a percentage of any damages awarded to the client at the conclusion of the case. If the case is unsuccessful and the client does not recover any damages, the lawyer does not receive any fees. We have acted for several clients under a CFA and DBA arrangements but they are not suitable for all clients; please call us for a free initial consultation to assess whether it is suitable for your circumstances and case.

Under a DBA, the client agrees to pay the lawyer a specified percentage of any damages they recover. This percentage is agreed upon at the outset in the DBA contract. If the client wins their case, the lawyer’s fee is calculated based on this agreed percentage.

Case Example:

If the agreed percentage is 25% and the client is awarded £100,000 in damages, the lawyer’s fee would be £25,000. If the client does not win, the lawyer receives no fees for their services. However, please note that while the lawyer’s fee is contingent on the outcome, any disbursements or out-of-pocket expenses might still be payable by the client, unless otherwise arranged.

Whether a DBA is suitable for you or not is something that our expert lawyers will advise you on in consultation and in consideration of your unique case circumstances and needs. You should be aware that contingency fee agreements are typically more expensive for clients given there is a success fee that you will need to pay to the law firm if you are successful with your claim.

Advantages:

  1. No Win, No Fee: One of the most significant benefits is that the client only pays legal fees if they win the case.
  2. Financial Certainty: The client knows in advance the maximum percentage of their damages that they will have to pay in legal fees.
  3. Aligned Interests: The lawyer’s remuneration is directly linked to the success and value of the claim, ensuring their interests are closely aligned with the client’s.

Disadvantages:

  1. Potentially Higher Legal Fees: If the case is successful, the total fees under a DBA might be higher than under traditional hourly billing, especially if the case concludes favourably in the early stages.
  2. Disbursements: Disbursements and other out-of-pocket expenses, such as court fees, expert fees, and others, might still be payable by the client regardless of the case’s outcome, unless otherwise arranged.
  3. Limit on Recovery: While clients have the benefit of reduced financial risk, they also must share a portion of their damages with their lawyer, which could be significant depending on the case’s value.

Always consult with your legal team, such as Go Legal, to determine which funding arrangement best fits your individual circumstances.

Our initial consultations to discuss your case and assess its merits are free. This gives you an opportunity to explore your options without any financial commitment and we can assess whether we can assist you.

We will then arrange a more detailed advisory consultation with you at a discounted fixed fee where we will review all your documents and meet with you for a consultation usually lasting 1-2 hours to discuss the merits of your case, strategy and potential outcomes and funding options for you.

Clients are entitled to clear, transparent, and comprehensive costs information from their solicitors. This includes:

  1. A clear explanation of how costs are calculated, be it hourly rates, fixed fees, or a percentage of damages.
  2. An estimate of the total costs, including VAT, or how these will be determined.
  3. Information on any other costs that the client might incur.
  4. Details of any likely disbursements or other out-of-pocket expenses.
  5. The intervals at which you will receive a bill.
  6. An explanation of the client’s potential liabilities in various outcomes, especially in contentious matters.
  7. Details of the client’s right to challenge or complain about the bill.

Choosing the best way to fund a legal claim depends on individual circumstances. Here are some steps to consider:

  1. Assess Your Financial Position: Determine how much you can afford upfront and what payment structures align with your financial circumstances.
  2. Understand the Merits of Your Case: Discuss with your solicitor the strength and potential value of your claim.
  3. Review Funding Options: Understand the pros and cons of each funding method (e.g., CFA, DBA, legal insurance).
  4. Consider Potential Liabilities: Be aware of potential costs if the claim is unsuccessful.
  5. Seek Expert Advice: Speak to our expert lawyers at Go Legal, to get tailored advice on the most suitable funding option for your claim. We will provide you with clear and honest advice on the best funding solution for your case and needs.

A costs budget is a detailed forecast of the legal costs that a party anticipates they will incur during litigation proceedings. Introduced through the Jackson reforms to help manage and control the expenses associated with litigation, a costs budget offers a structured overview of the costs broken down into various phases of the litigation process, such as pre-action, disclosure, trial preparation, and post-trial steps. It is a compulsory document that must be filed at Court during the litigation proceedings using the Precedent H form in accordance with the CPR.

The budget typically includes:

  1. Legal Fees: These encompass the fees charged by solicitors, barristers, and possibly other legal professionals involved in the case.
  2. Disbursements: These are out-of-pocket expenses that might be incurred during litigation, such as expert witness fees, court fees, or costs associated with specific procedures or tests required for the case.
  3. Future Costs: An estimate of the costs expected to arise in the future stages of litigation, allowing for planning and preparation.

In England & Wales, for certain types of cases, parties are required to submit their costs budgets to the court and the opposing party. The court may review and approve these budgets, ensuring that the costs claimed are proportionate and reasonable given the specifics of the case. Once approved, the costs budget serves as a guideline, and any significant departures from it during litigation may require justification or court approval.

If the claim is less than £25,000 or over £10m there is no requirement to file a costs budget, however the parties may choose to do so anyway by agreement as it provides the parties with details of the costs and allows the court to manage the costs to trial. Moreover many litigation funders will require an internal costs budget to be prepared in order to assess the level of funding required for your claim.

After the event insurance (ATE) is a type of legal expenses insurance taken out after an incident has occurred but before any significant legal costs or disbursements are incurred. ATE covers the legal costs and expenses involved in litigation. Most importantly, it protects the policyholder against the risk of having to pay the opponent’s legal costs if the claim is unsuccessful. ATE can be especially valuable in conjunction with CFAs or DBAs, as it provides an additional layer of financial security for claimants pursuing a legal claim.

It is important to check whether you have an existing insurance cover that may pay the costs of your legal claim. Our expert lawyers have extensive experience acting for client who have the benefit of existing insurance policies and if you have a policy, we will review it free of charge to consider whether you may be able to make a claim under your policy. Alternatively, there are several other ways to assess whether you are insured:

  1. Review Your Insurance Policies: Many households and car insurance policies include legal expenses cover as standard or as an optional add-on. Check the policy documents or schedule for terms like “legal expenses cover” or “legal protection.”
  2. Contact Your Insurance Provider: If you are unsure after checking the documents, call your insurance provider directly and ask if your policy includes legal expenses insurance.
  3. Check Employment or Union Benefits: Some employment contracts or trade union memberships offer legal expenses insurance as a perk.
  4. Review Bank Account Benefits: Some premium or packaged bank accounts offer legal expenses insurance as part of their service.

Our experienced lawyers have an extensive track record of success in recovering legal costs for our clients. We will typically be able to recover in the region of 60% to 100% of costs incurred on your claim. However, this depends on the case and the opponent. Our lawyers will try as hard as possible and fight to recover as much of your damages and costs as possible, and likewise if you are defending a claim against you we will seek to limit the damages and costs accordingly in your best interests depending on the factual and legal basis of the claim advanced.

 

At Go Legal, we understand that financial flexibility is crucial for our clients. We will assess the merits and potential value of your claim and, where appropriate, consider various funding arrangements, including deferred fee agreements, CFAs, or DBAs. We strive to provide tailored solutions that align with your financial circumstances and the nature of your case.

There are several factors that can influence the cost of your legal case, including:

  1. Complexity of the Case: More intricate cases can require more time, resources, and potentially specialist input.
  2. Duration: Longer cases generally incur higher costs.
  3. Expertise Required: Cases requiring specialist knowledge or expert witnesses can be more costly.
  4. Court Fees: Depending on the nature and stage of your claim, varying court fees may apply.
  5. Opponent’s Approach: If the opposing party is uncooperative or contentious, it may result in increased costs.
  6. Type of Funding Agreement: The cost might vary based on whether it’s an hourly rate, a fixed fee, a CFA, or a DBA.
  7. Disbursements: These are out-of-pocket expenses such as barrister’s fees, expert reports, and court fees.

We are committed to price transparency and we will provide you with an estimate of the costs in our consultation at the very outset of your case.

For more information on legal costs and funding arrangements that may be suitable for you, please get in touch with us and we can discuss this further in the initial free consultation.

We are a leading law firm based in London specifically focussed on commercial litigation matters. Our fees are very reasonable compared with other competitor law firms, and we can always discuss discounted fees and are flexible with time to pay arrangements.

We will discuss hourly rates in our initial consultation but our hourly rates range from £175 to £425 plus VAT per hour depending on the complexity of your case and the seniority of the lawyers involved.

Yes. In many cases, the winning party can recover a portion of their legal costs from the losing party. Our experienced team have an excellent track record of obtaining significant legal costs from the opponent and typically we have been able to recover in the region of 90-100% of legal costs which far exceeds the industry norm (which is 60-70%).

We will discuss with you further on the likelihood that you will be able to recover your costs and the strategy in our free initial consultation.

Yes. In many cases, the winning party can recover a portion of their legal costs from the losing party. Our experienced team have an excellent track record of obtaining significant legal costs from the opponent and typically we have been able to recover in the region of 90-100% of legal costs which far exceeds the industry norm (which is 60-70%).

We will discuss with you further on the likelihood that you will be able to recover your costs and the strategy in our free initial consultation.

Yes. Depending on your circumstances, we may be able to arrange a suitable payment plan to manage legal fees over time. Our goal is to ensure that cost is not a barrier to seeking justice.

Simply contact us to schedule a Free Consultation with our expert lawyers. During the consultation, we will discuss your case, your objectives, and your financial preferences. Together, we will determine the funding arrangement that best suits your legal and commercial needs

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