Recognising that you need to be in control of the litigation budget from the outset and remain in control of it throughout the process our dispute resolution team offers

• Risk assessment of your case for a fixed fee agreed before working on it
• Regular updates of the risk assessment as the case evolves
• Insurance cover for your opponent’s costs and for your own disbursements
• Discounts on your legal fees under the terms of a conditional fee agreement
• Costs estimates and regular invoicing
• Third party funding

Risk assessment - For any case to be eligible for any insurance cover, third party funding or conditional fee agreement the prospects of success have to be significant. Early risk assessment is desirable not only to enable you to tap into these resources appropriately but also to enable you to avoid getting embroiled in a dispute where little or no favourable outcome is likely

The fixed fee cost of the risk assessment will vary depending upon the nature of the matter and the extent of the information and documentation available to us. At the end of the risk assessment process our dispute resolution team will provide you with a report detailing your prospects of success on the basis of the available information. The report will also address the likely costs of taking the matter all the way to trial for both you and your opponents.

If the risk assessment indicates that the matter is eligible for insurance cover, third party funding or a conditional fee agreement, our dispute resolution team will advise how these products may work for you in your case.

The prospects of success may not be sufficient so as to entitle you to any of these products; the cost benefit analysis may not be favourable or your opponent may not have the means to pay if you are successful. In such a case we can assist you to try to resolve the matter expeditiously.

Risk assessment updates – If you decide to proceed with the litigation our dispute resolution team reviews the risk assessment on a regular basis and particularly when our dispute resolution team receives your opponent’s statements of case, disclosure, witness statements and offers of settlement. This will inform you and enable you to decide whether or not to continue with the litigation at any point in time.

Insurance cover - One of the down sides of litigation is that if you lose you will invariably be condemned to pay some, if not all, of your opponent’s costs and expenses. You may have insurance which covers this. If not, insurance known as “after the event insurance” is available from specialist insurers to cover your exposure.

Products on the market cover a range of disputes including professional negligence, civil litigation and property disputes. When dealing with professional negligence claims our dispute resolution team is authorised under a delegated authority arrangement with a leading after the event insurer to cover your potential exposure to your opponent’s costs. After the event insurance will typically also cover your disbursements e.g. barrister’s fees.

Premium is not normally paid up front. It is payable at the end of the case by your opponent or by insurers.

Conditional fee agreements - Under conditional fee agreements you pay different amounts for legal services depending upon the outcome of the dispute.

Our dispute resolution team normally acts on an hourly rates basis payable on an ongoing basis.

In appropriate cases our dispute resolution team may take on the risk of the litigation and act on a “no win no fee” basis. This is known as a conditional fee agreement. Conditional fee agreements include a success fee which is uplift on our fees. A success fee is only payable if you are successful. The success fee reflects the risk our dispute resolution team is taking in respect of their fees and the risks involved in the case.

In other cases our dispute resolution team may share the risk of the litigation with you and act under an arrangement whereby our fees will be discounted by a percentage of our normal hourly rates. The discount is usually determined by the strength of your case, determined by the initial risk assessment. The discounted fees are the non conditional element of our fees and are payable by you on the usual ongoing basis. The remaining percentage will be subject to a conditional fee agreement i.e. only charged if you are successful.

You will usually be able to recover all or part of your costs from opponents in the event your case is successful.

Costs estimates and regular invoicing - You will be given an informed estimate of costs for going forward with the initial risk assessment. The estimate is based upon the various stages which the litigation process passes through and shows you when to expect work will be done. Our dispute resolution team monitors this estimate and you will be given updates if and when the case changes as it progresses. Estimates are however only estimates not absolute guarantees.

Our dispute resolution team invoices you on a monthly basis. Our invoices give an indication of the work done in the preceding month. Our invoices read with the costs estimate and regular updates mean that you can keep control of the financial aspects of the case; you can monitor your strategy in the case and plan your cash flow. Alternatively you can agree with us to pay a fixed amount each month and set up a direct debit. The balance of costs will be resolved at the end of the process.

Third party funding – Individuals or companies may agree to pay for some or all of your costs and disbursements in return for a share in the damages you recover if you are successful. Third party funders are not bankers. Typically money paid out by them does not have to be repaid if you lose.

Our dispute resolution team have relationships with various funders and can explore this option with you.