No Win No Fee Commercial Litigation

David Horsfall is a leading property lawyer with a long track record heading up the commercial litigation team.

Since 1998, we have undertaken commercial and property litigation for claimants and defendants using conditional fee agreements, also known as “No Win No Fee” agreements.

Our conditional fee scheme is increasing in popularity. We seek to obtain possible insurance wherever possible in which no premiums are payable until the end of the case.

With success fees and insurance premiums being recoverable from opponents, our CFA scheme with its insurance is an attractive option for financing litigation. You need to carefully consider, however, if it’s the correct way to fund your litigation.

For examples of the current cases we are running, please go to Case Histories

 

Summary of how Conditional Fees work

During Court Proceedings:

• You do not have to pay our professional fees.
• You have to pay the disbursements involved in bringing the court proceedings; these include court fees, photocopying and courier charges, and expert witnesses and other such expenses.
• We will seek to obtain insurance from Temple Legal Protection Limited subject to terms and conditions. Under the Temple Legal protection Limited insurance no premiums are payable until the end of the action and it covers own disbursements and the other sides’ costs and disbursements in the event of losing the action up to a designated limit. Their premium is generally 30% of the sum insured.
• We seek to arrange that a suitable barrister acts for you also under a CFA. However, if we are unable to do this you must pay the fees of any barrister instructed; we will obtain your arrangement to this first. We may require an opinion on merits, for which you may be required to pay for.

If you win the Court Proceedings:

• You are responsible for paying our fees which are usually recoverable from the losing party if our fees are reasonable.
• You can recover the disbursements of bringing the proceedings that you have paid bringing the proceedings that you have paid, from the losing party if they are reasonable.
• We are entitled to a “success fee”, which is calculated as a percentage of uplift our professional fees. This is normally about 40% up to trial and 100% of the case reached trial. The success fee is recoverable from the losing party if it is reasonable.
• If you have taken out an insurance policy with Temple Legal Protection Limited, the premiums for the policy will become payable by you, but reasonable premiums are recoverable from the losing party as part of the costs of the litigation.

If You Lose the Court Proceedings:

• You do not pay our professional fees or Counsel’s fees if Counsel is also acting under a CFA.
• You are responsible for any disbursements of the proceedings.
• You will be responsible for paying your opponent’s legal costs and disbursements unless you have a Temple Legal Protection Policy which will meet those costs up to an insured limit.

Click here to enquire about your case.

 

 

For futher information, contact:

• David Horsfall (Director) on 01483 410971, or email david@layard.com

Samples & Documents of Interest:

• After The Event Insurance
• Conditional Fee Agreement
• Conditional Fee Agreements - what you need to know
• What we can offer you
  

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