Litigation – Dispute Resolution

If you are facing a dispute and need to put things right, we at DAV Legal can help to resolve matters speedily and thoroughly.  Our litigation experts will offer the objective opinion you need to help you see things more clearly.

We will always look at alternative means of resolving disputes but if litigation is the only option, you can feel reassured that you have the right team on your side.
Whether you are making or defending a claim, we look at the facts and give you the straightforward, plain English advice you need.

If it’s got to this stage, we understand it will be weighing on your mind, so our style is approachable and helpful – and we’ll keep you updated on progress throughout.

Contact us today for advice including:

• Inheritance and Will disputes
• Professional negligence claims
• Landlord & tenant disputes
• Property disputes
• Contractual disputes
• Alternative Dispute Resolution (ADR)

Funding your Litigation

Hourly Rate

The original – and still the preferred method for many clients. Added to that, in litigation cases clients have the comfort of knowing that the Supreme Court Costs Office (part of the High Court) has assessed the appropriate hourly rates for solicitors to charge in every town in England and Wales where a County Court is located. Those rates are broken down for every level of lawyer, based on experience for each location.

If you instruct us on this basis then we will provide you with a costs estimate for each stage of the case so that you can make an informed decision on how far to take the case. Whether you’re pursuing a claim or defending one, you can make a decision based on what you can afford and take into account commercial considerations that might apply to your business.

Conditional Fee Agreements (CFA)

The claims companies who advertise on the television will describe these as ‘no win, no fee’ agreements. However, what they don’t tell you is that this strapline is limited to your solicitors’ costs. If you don’t win the case you will still be liable for your solicitors’ disbursement e.g. court fees, barrister’s fees etc. and if court proceedings have commenced you may also be liable for the whole of your opponent’s legal costs.

If you are able to afford insurance to cover these liabilities then a CFA may still be attractive to you, as you know that your lawyer has a vested interest in the outcome of the case. Bear in mind however, that in return for taking the risk of not being paid at all, your lawyer is entitled to charge a success fee at the conclusion of the case based on a percentage of your lawyer’s costs (up to a maximum of 100%). This fee will be payable by you, even though the rest of your costs can be recovered from your opponent. This therefore reduces the damages that you receive. You should also bear in mind that if you win your lawyer’s costs and the success fee are payable by you, whether or not you actually get paid by your opponent.

Damages Based Agreement (DBA)

From 1 April 2013 it has become permissible to enter into an agreement with your lawyer whereby if you win the case your lawyer takes a cut of the damages. This can be up to 50% in cases not involving personal injury or employment law claims. If you lose you pay your lawyer nothing, although as with all funding types you will still be responsible for your lawyer’s disbursements and, if court proceedings have been commenced, your opponent’s costs.

With a DBA in place your lawyer only gets paid if you win and you actually get paid by your opponent. This creates an additional layer of risk for your lawyer hence the potential reward is greater than with a CFA. For obvious reasons this form of funding is only available if you are pursuing a claim for damages.

After The Event (ATE) Insurance  As the name suggests this is a form of insurance taken out specifically to cover the legal expenses arising from a particular event that has already occurred. Although insurers are flexible, the cover is usually restricted to your lawyer’s disbursements and your opponent’s legal costs. For that reason it is an insurance product which goes hand in hand with a CFA so that if you lose the case then your liabilities are covered. Historically the premium for the policy could also be recovered from you opponent as part of your legal costs if you won. However from 1st April 2013 this will no longer be possible. The premium is therefore a cost which you will have to bear if you think the risk of losing justifies the expense. If you would like to look into ATE insurance please let us know and we can approach the marketplace on your behalf.