Well the papers have gone out, and were set to go.
However i have had a number of questions raised, so i decided to put together an FAQ to hopefully help people out.
- Ive received papers from you, i thought it was no win no fee but youre quoting hourly rates and fees, why is this?
Yes, Conditional fee agreements and Contingency fee agreements are no win no fee. If you lose you dont pay us a penny, if you win then you do. Any solicitors retainer will always state the hourly rates charged for each lawyer, in a no win no fee funding agreement the hourly rate is largely irrelevant, especially if the uplift is taken from the damages say at a rate of 30% of any damagers recovered. The lawyers could charge £1million per hour for all it matters as if the uplift is set at 30% then all the client pays is 30% of whatever they recover and so on.
- Do i have to pay if i lose?
That depends on whether or not an ATE insurance policy has been put in place. This is something that your lawyer would have to discuss with you and advise you on. When you enter into a funding arrangement of this type you would normally have a detailed discussion with your lawyer over the funding options and ATE policies. We would always look to make an appointment with the potential client to discuss these points before signing the agreements.
- Others are saying that these type of funding options are a con?
Everyone is entitled to their opinion, however no win no fee agreements have been used on many of the cases i have been involved with. Cases like, Harrison v Link, Grace v Blackhorse, Mal’ouf v MBNA ( A leading claim for landbanking claims for damages much like the NRAM cases) all have been funded under the same type of agreements we are using for NRAM cases, so, a con? no, id say only those who dont understand the way these funding options work would draw this conclusion, and at the end of the day, what does it cost to have a chat with a lawyer to first ascertain the facts rather than relying on comments from others on social media?
- How much am i likely to get?
A very difficult question, the claims rely on the unfair relationship provisions, so each case depends on its own facts, some may have harassment included, some may have other issues, some may be straight forward. It is impossible to give a figure without first investigating the underlying case, but it’s likely to be a considerable sum, a sum that may fall into 5 figures.
- Will i win?
I dont know, i wish i did, i wish i could predict the future, if i could id look at next weeks lottery numbers. But seriously, ask yourself this, would anyone be prepared to work for no payment and to take the risk that they will only be paid if they win? Would you go to work if your boss said tomorrow i’ll only pay you if you do a good job, if you dont then you wont be paid? while no one can offer any guarantees that you will win, we wouldnt be taking the case on a no win no fee if we weren’t confident.
- Will i have to go to Court?
Maybe, if a claim needs to be issued, but its important to bear in mind that Court will always be the last resort, we would hope to resolve these issues without issuing a claim in the County Court. If a Court Claim does become necessary then there will be a barrister and a legal team supporting the case, so you will be guided through the process.
If you are an NRAM customer and you have received papers from my firm recently and the questions you have arent answered above, the best thing to do is to get in touch with the lawyer dealing with your case, they are there to help you and to advise you on the case.