We work very closely with our clients in relation to the financing of claims – which can be very expensive if not correctly controlled.
In particular, if you are a defendant to proceedings and the claimant does not want to settle or to settle on reasonable terms, then there is nothing much you can do but to fight out the proceedings to a contested hearing.
Defending proceedings can be particularly difficult where the claimant has legal expense insurance or a no win no fee arrangement.
We are very experienced in representing defendants against claimants who have legal expense insurance and of the measures which can be undertaken to try to bring such insurance cover to an end.
In relation to our claimant clients, we will consider ways of funding the claim and also endeavouring to resolve the matter amicably through the use of the (mandatory) pre-action dispute resolution process including through the use of mediation.
We are extremely favourable to mediation since in our own experience this has a high prospect of either settling the case at the mediation appointment or shortly after or alternatively narrowing down the issues between the parties. There are other techniques to attempt to resolve claims amicably including the possibility of early neutral evaluation by an independent lawyer.
We will discuss with our clients whether they have legal expense insurance themselves and will assist them if so instructed in applying for cover. Obtaining such cover can be difficult, and claims should normally be supported by a favourable counsel’s opinion. We are regularly appointed as non-panel solicitors to legal expense insurance companies. There is also a statutory right for an insured client to appoint their own solicitors once legal proceedings have started and we have taken over proceedings from panel solicitors whom our clients have lost confidence with their ability to pursue their claims.
We will also discuss in relevant circumstances, no win no fee arrangements or partial no win no fee arrangements.