20th August 2008 / 07:57
 


 
The general rule is that ‘the loser pays the winners costs.'


At Kayes, we understand that you want the peace of mind that you will not receive a hefty legal bill following your case.

To help you guard against this there are generally two main ways of funding your claim:

The ‘No Win - No Fee' Agreement

Also known as a ‘Conditional Fee Agreement' this scheme was introduced when Legal Aid was withdrawn for most types of accident claims. In successful claims, under a ‘No Win – No Fee' Agreement, we will recover our costs from the other party. However, if you lose your case and we cannot recover our costs from the other party, a ‘No Win – No Fee' Agreement means that you do not have to pay our legal costs

However, it is important to remember that there is more to the costs of a legal case than our fees alone. For example if you lose your case, you may be ordered by the Court to pay your opponents legal costs. To guard against this you can take out what is known as ‘ After the Event Insurance' see below.

Legal Expenses Insurance


There are two types of insurance to cover you against all legal costs:

Before the Event Insurance

You may already have ‘before-the-event' insurance linked to your motor, household or other type of insurance policy. You may even have this benefit through a credit card or Trade Union membership. If you do have this type of policy you would not need to enter into a ‘No Win – No Fee' Agreement. You should remember that the insurance company will pay your costs only if they believe you have reasonable prospects of winning your case.

This type of policy will usually cover you for:

•  our fees and expenses such as court fees or expert witness costs
•  your opponent's legal costs and expenses.

After the Event Insurance

An ‘after-the-event' policy is used when the accident has already taken place and you have a ‘No Win – No Fee' Agreement with your solicitors. You can take out this type of insurance policy which effectively covers you against your opponents' legal costs if you do go to court and lose your case. Again you should remember that the insurance company will pay your costs only if they believe you have reasonable prospects of winning your case.

 
 







     
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