You sustained a personal injury and/or other losses as a result of an accident which occurred on the above mentioned date and you instruct us to seek compensation for your injuries and losses.
On the basis of the information you have supplied it would appear that you have reasonable prospects of success in pursuing your claim and recovering compensation. At this stage we cannot estimate how much compensation you may receive, as we will need to obtain medical evidence and assess any financial losses you may have sustained.
Third Party Contact
It is very important that you let us know if any third party company/insurer contacts you about this matter. Please also forward us a copy of any documentation received. Please do not engage with any third party until you have spoken with us.
Terms of Engagement
The Terms of Engagement explain how our firm works, it is a standard document which we are obliged to send under the Professional Conduct Rules governing us as Solicitors. Please do not be alarmed by the content, should you not understand any aspect of the Terms of Engagement please do not hesitate to contact us and we shall be happy to clarify any issues.
We outline the terms of engagement of our firm below:-
- We are not permitted to act for you where it would give rise to a conflict of interest between you and any of our current or previous clients. Acceptance of your instructions is subject to the above checks being undertaken and no conflict of interest being disclosed.
- The person with overall conduct of your claim will be Mr Aseid Malik, who is a qualified Solicitor and a Director of this firm, although your file maybe considered by other persons within the firm from time to time in order to ensure that the matter is dealt with as quickly as possible. In this case Mr Adam Berry, who is Head of Personal Injury, or a member of his team will be assisting the file handler named above.
- When attending the office to see your file handler, please ensure that you make an appointment as it will not be possible for them to see you without an appointment because they will be otherwise engaged.
- When telephoning the office, your telephone call will be taken by a secretary who will take your personal details and then transfer your call to the appropriate file handler if he or she is free. Please note a file handler will not take a telephone call when he or she is engaged with a Client.
- Throughout the conduct of the case you will receive correspondence aimed at regularly updating you of the current position. We will aim to communicate with you by such method as you may request. We may need to virus check disks or e-mail. Unless you withdraw your consent, we will communicate with you and others by conventional (unencrypted) e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.
- The firm’s charging rate will vary depending upon the nature and type of work involved and the level of the member of staff dealing with your case. The charges will be calculated in accordance with the usual amount which is deemed to be acceptable within the Profession and will reflect the time spent on your file. The charging rate of Mr. Aseid Malik is £201.00 per hour and in respect of privately paying work the rate is subject to an annual review.
- The charging structure of this firm is as follows;
- Directors and Associates
(With over 8 years post qualification experience) £201.00 per hour
- Solicitors and legal executives
(With over 4 years post qualification experience) £177.00 per hour
- Other solicitors and legal executives and fee earners
(Of equivalent experience) £146.00 per hour
- Other Fee Earners
(E.g. Trainee Solicitors, Paralegals and Advisors) £111.00 per hour
Telephone calls whether incoming or outgoing, are charged for in accordance with their duration, with a minimum charge of one unit (6 minutes) for any call. Routine letters are charged at one unit, longer letters in accordance with the time taken to prepare them.
- We reserve the right to charge above the amounts specified in exceptional circumstances, for example in addition to the time spent, we may take into account a number of factors in calculating any enhanced rate including any need to carry out the work outside normal office hours, the complexity of the issues, the speed at which the action has to be taken and any particular specialised expertise which the case may demand.
- In many cases the legal costs and disbursements are ultimately recovered in full or at least partially from another party.
- If you are successful and a Court orders the other party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the Court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account, but we are entitled to the rest of that interest.
- In cases involving a claim for personal injuries where you are awarded or settle for an amount less than £1,000.00 or in other types of civil cases where you are awarded or settle for an amount less than the small claims limit, then we shall not be able to recover our costs from your opponent (other than fixed costs) by virtue of the fact that the claim will fall within the ambit of the small claims limit. In such cases you will be responsible for our charges.
- At the initial interview various methods of funding were considered and discussed which included proceeding on a private basis, a legally aided basis, under a conditional fee agreement, damages based agreement and the possibility of legal protection cover being available, either under a motor insurance policy or a contents policy in relation to your home. The appropriate advice was given to you and you instructed us to proceed accordingly.
- Where you have been signed to a Conditional Fee Agreement, then you are referred to the same for the terms and conditions in relation to the liability for our costs. In such case you will be governed and bound by such as from the date you sign the Conditional Fee Agreement.
- We are expressly authorised by this agreement to receive any monies by way of damages or similar payments to which you may become entitled from the other or third party, their representative or insurers and you further undertake not to accept or agree to accept any payments directly from such parties. Funds due to you upon completion of the matter will be paid by cheque or CHAPS to you personally only.
- If the firm holds money on your behalf, interested will be calculated and paid to you in accordance with the SRA Account Rules 2011.
- In accordance with rule 2.03(1) of the Solicitors Code of Conduct 2011 we must advise you that in certain circumstances we may be entitled to exercise a lien for unpaid costs.
7) In many cases it is very difficult to accurately assess how many hours of work will prove necessary to conclude your case. The main reason for such difficulty is because the time spent often depends upon the reaction and attitude of the other party. Assuming acceptance of liability within 3 months of instruction, and reaching settlement in 12 months, our fees will be between £1,000 plus VAT and £2,000 plus VAT. Any work which I personally undertake will be charged at the hourly rate of £201.00 plus VAT. Our costs in this case, in any event, prescribed (and limited) by the Courts, unless we are obliged to issue proceedings. Where this proves to be the case, I will advise you further with regard to the fees which are likely to be incurred.
In addition your instructions may incur the following disbursements, depending upon the circumstances of the accident, and whether or not the accident was reported to the police (estimated rates and exclusive of VAT at 20%)
Medical report: £300.00 DVLA Search £5.00
Medical Notes: £50.00 Police Accident Report: £150.00
Engineer’s Fee: £150.00 ATE Insurance Premium £242+IPT
8) In accordance with Money Laundering Regulations you are now required when dealing with Solicitors to show then some personal documentation to enable them to check your identity. This can include your current signed passport or photo-card driving licence and a recent utility bill or bank statement which should not be more than 3 months old. We thank you in advance in anticipation of your kind cooperation in this regard.
9) If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Services Authority, as we are not. However, as we are regulated by the Solicitors Regulation Authority, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.
We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at
The Solicitors Regulations Authority is the independent regulatory arm of Law Society. The Legal Ombudsman deals with complaints against lawyers. If you are unhappy with any investment advice you receive from us, you should raise your concerns with either of those bodies.
10) On occasion we engage other companies or people to do work on files, such as temporary IT staff. Full vetting checks are undertaken before engaging any individual and we have confidentiality agreements with such people. However if you do not want your file accessed kindly let us know in writing.
External firms or organisations may conduct audits or quality checks on our practice. Similar rules of confidentiality apply. Your continued instructions shall amount to consent to such checks and audits being carried out.
11) In the course of acting for you we may obtain and process personal data about you. For the purposes of the General Data Protection Regulation 2016/679 and Data Protection Act 2018 the Controller of that data in this firm is Mr Aseid Malik. The data will be used as necessary for the work we undertake for you and related purposes including updating and enhancing client records, statutory returns and legal and regulatory compliance. Please note your instructions may require us to give information to third parties such as expert witnesses and other professionals.
12) All firms of solicitors are required to take out Professional Indemnity Insurance (PII) cover of a minimum of £2 million (£3 million for limited companies) from one of the insurance companies nominated by the Solicitors Regulation Authority. Our liability to you for breach of your instructions shall be limited to the above stated limits claimable under our PII policy. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses for any damages, costs or losses attributable to lost profits or opportunities, to the extent that the law allows, excluding any limit on liability for death or personal injury caused by our negligence.
- At the conclusion of your claim, unless you have already asked us to return any papers to you, we shall keep all files relating to your completed matters in storage for not less than six years, either in their original form or on some other retrievable medium. After the end of that period, those files will be destroyed, although this shall not apply to any original documents that you have specifically asked us to keep in safe custody for you.
The copyright of all documents prepared by us is and shall remain our property or the property of our associates and consultants.
- Whilst we sincerely hope and expect that you will be satisfied with the work performed by this firm, there may be occasions on which you feel that you have a cause for complaining in respect of a certain aspect of the service provided by this firm. In such an event you should firstly speak to the Solicitor or file handler concerned to see if you can resolve the matter.
Should you feel that you have cause for continuing dissatisfaction, we would ask you contact our Miss Fozia Naz, stating what you see as a problem and what you would like us to do about it. (Where she is personally dealing with your instructions, the letter will be passed to another director to deal with.) The Firm has its own internal complaints procedure. Any Client dissatisfied with the service that they have received is entitled to a copy upon written request.
If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ tel: 0300 555 0333 email: firstname.lastname@example.org website www.legalombudsman.org.uk to consider the complaint. Normally you would need to bring a complaint within 6 months of receiving a final written response from us about your complaint.
A complaint could include a complaint about the firm’s bill. You may have a right to object to the bill by applying to the Court for an Assessment of the Bill under Part III of the Solicitors Act 1974. If all or part of the bill remains unpaid by you we shall be entitled to charge interest
- We can also advise you that Mr Aseid Malik is the COLP (Compliance Officer for Legal Practice) and is also the COFA (Compliance Officer for Finance and Administration) of the practice.
Consumer Contract Fact Sheet – Distance Selling, On-Premises and Off-Premises Contracts
If you are entering in to a Conditional Fee Agreement with us, or paying us privately to carry out work for you, the information given to you in this document, including the information required under Schedules 1 and 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies to all such agreements, as does the Notice of the Right to Cancel and the Cancellation Form.
These matters are governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which give you the right to certain information about the agreement between us and the right to cancel that agreement within 14 days. I am setting out below the required information and your right to cancel including a Notice of Cancellation for you to use if you so wish.
Information Relating to Distance Contracts, Off-Premises Contracts and On-Premises Contracts in accordance with Schedules 1 and 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- The main characteristics of the services are legal services which includes, but is not limited to, advice, both oral and written, preparation of documents, attendance in meetings, advocacy and representation.
- The identity of the trader is Walker Wise Limited trading as Walker Wise Solicitors.
- The geographical address of the trader is
- Walker Court, 40-42 Abbey Street, Accrington, BB5 1EB.
- The telephone number is 01254 686 390.
- The email address is email@example.com.
- The trader is not acting on behalf of another trader.
- The trading address for consumers to address complaints is as at (c) above.
- The total price of our service is set out in paragraph 7 of the attached terms of engagement.
- Any costs which cannot be calculated in advance (if applicable) are estimated and details of that estimate are contained in paragraph 7 of the attached terms of engagement.
- This contract is not of a fixed duration and the total costs (or an estimate if applicable) is contained in paragraph 7 of the attached terms of engagement.
- As the costs of any distance communication in conclusion of the contact are not other than at the basic rate then there is no further information required to be given.
- The terms for payment of our fees to perform the services are upon receipt of an invoice or where required a payment on account of the services.
- We agree to perform the legal services for you as soon as possible upon receiving your full and proper instructions and written confirmation that you agree to all of our terms and conditions of business (whichever is the later). Due to the nature of the services it is not possible to give a timescale for completion in those circumstances you may terminate the agreement between us – please see the law society Conditions of the Conditional Fee Agreement.
- Please refer to the section relating to making a complaint at paragraph 14 of the attached terms of engagement.
- You have the right to cancel this agreement as set out in the attached Notice of Cancellation.
- In the case of cancellation you will not have to bear any cost of returning goods.
- If you exercise your right to cancel having already made an express request in writing for us to do the work urgently and before the cancellation period runs out then you are liable to pay us our reasonable fees for the work carried out up until you have cancelled the contract between us. Those reasonable fees will be based upon a proportion of the work carried out when compared to the full service we have agreed to supply to you. If the service has been fully performed at your request prior to you cancelling the contract with us then you lose your right to cancel and you acknowledge that you have received notice of your loss of the right to cancel in these circumstances.
- There are no circumstances where your right to cancel may be lost within 14 days of us giving you notice of your right to cancel except as set out in this agreement between us at paragraph (n) above or where we have supplied you with digital content before the end of the cancellation period and you have provided your express consent for us to do so and have acknowledged that your right to cancel has been lost. In these circumstances you will not benefit from a right to cancel.
- We are under a legal duty to supply goods and/or services to you which conform with the agreement we have entered into with you for the supply of those goods and/or services as set out in the Supply of Goods and Services Act 1982.
- If you have at any time questions about the legal service provided then please contact the personal named in this agreement who will be dealing with your work.
- Our work for you is governed by the Solicitors Code of Conduct and a copy of this can be obtained from the Solicitors Regulation Authority from their website – sra.org.ukor by request from Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham B1 1RN.
- This contract between us will continue until we have completed the legal services required but in certain circumstances we cannot say how long that will take in which case the contract will continue until terminated in accordance with the agreement between us. .
- The contract between us has no minimum duration of your obligations but please refer to the section in this agreement which sets out your responsibilities and these continue as long as the agreement between us continues.
- We may ask you to make a payment on account of fees and disbursements. These will be notified to you in advance with an explanation of why these payments are required. Payment on account of our fees will be held in our client account until such time as an invoice is prepared and delivered to you and at that time the money held on account will be transferred to us in payment of such invoice. Payment on account of disbursements will be held in our client account until we have discharged such disbursements and then the money will be transferred to us.
- We do not provide digital content as part of our legal services. Not applicable as we do not provide digital content. If you have any complaint about our legal service then please refer to Clause 13 for details of now to access our Complaints Procedure and details of the right to take up matters with the Legal Ombudsman.
Where you are a private individual who has instructed us to undertake work of a non-business nature, other than in the presence of a Solicitor or member of staff, the Consumer Contracts (Information and Additional Charges) Regulations 2013 are applicable. This gives you the right to cancel your instructions without charge within 14 days of the date when you originally instructed us. Full details of your right to cancel can be found on the attached Consumer Contract Fact Sheet.
For the avoidance of any delay in furthering your instructions, you hereby authorise us to immediately commence work. Please note, unless we have specifically advised you otherwise, our retainer is likely to last more than 30 days.
By law you only have 3 years from the date of the accident to bring your claim. It is extremely important that you respond swiftly to correspondence and remain in contact with us throughout your claim including advising us of any change of address or telephone number.
Conditional Fee Agreement (‘CFA’)
The success fee is set at 100% of our basic charges, where the claim concludes at trial; or 100% where the claim concludes before a trial has commenced.
The success fee percentage reflects the following:
(a) the fact that if you lose, we will not earn anything;
(b) our assessment of the risks of your case;
(c) any other appropriate matters;
(d) the fact that if you win we will not be paid our basic charges until the end of the claim;
(e) our arrangements with you about paying expenses and disbursements.
(f) the arrangements about payment of our costs if your opponent makes a Part 36 offer or payment which you reject on our advice, and your claim for damages goes ahead to trial where you recover damages that are less than that offer or payment.
The Success Fee cannot be more than 100% of the basic charges in total.
Cap on the amount of Success Fee which you will pay us in the event of Success in proceedings at first instance
There is a maximum limit on the amount of the success fee which we can recover from you.
That maximum limit is 25% of the total amount of any:
(i) general damages for pain suffering and loss of amenity; and
(ii) damages for pecuniary loss, other than future pecuniary loss;
which are awarded to you in the proceedings covered by this agreement. The maximum limit is applicable to these damages net of any sums recoverable by the Compensation Recovery Unit of the Department of Work and Pensions. The maximum limit is inclusive of any VAT which is chargeable.
The maximum limit includes any success fee payable to a barrister who has a CFA with us.
However, this maximum limit applies only to a success fee for proceedings at first instance and not to a success fee on other proceedings (such as, for example, an appeal against a final judgment or order).
We will provide you with a copy of any relevant judgment or of our calculation of any settlement showing how much of your damages should be attributed to General Damages & Past Pecuniary Loss, net of any sums recoverable by the Compensation Recovery Unit.
If you do not agree our calculation and this makes a difference to the amount of the Success Fee payable you, then we will put the matter for determination by an independent barrister of at least 10 years call, to be appointed by agreement between us or, in default of agreement, by the President of the Law Society of England and Wales, such barrister to act as expert and not as arbitrator and his decision shall be binding. The barrister’s costs for assessing this issue are to be paid by you if the barrister agrees with us, but otherwise are to be paid by us
You also have the right to apply to the court for assessment of our costs, including our success fee.
These are for work done from now until this agreement ends. These are subject to review.
How we calculate our basic charges
These are calculated for each hour engaged on your matter. Routine letters and telephone calls will be charged as units of one tenth of an hour. Other letters and telephone calls will be charged on a time basis. The hourly rates are:
We review the hourly rate in January each year and we will notify you of any change in the rate in writing.
The above hourly rates may not apply if your claim is subject to a specific fixed fee arrangement agreed between us. If a specific fixed fee arrangement has been agreed with you it is set out below and that fee plus expenses payable by you will be the amount of legal costs payable by you less any amount recovered from your opponent.
| Notice of the Right to Cancel
This only applies if you sign the Conditional Fee Agreement:
(i) At your home, workplace or at someone else’s home; or
(ii) At our offices but following a visit by us (or by someone acting on our behalf) to your home, workplace or someone else’s home; or
(iii) At our offices but following a meeting between us away from our offices.
You have the right to cancel this contract if you wish and can do so by delivering, sending (including electronic mail) a cancellation notice to the person mentioned below at any time within 14 days starting with the day of receipt of this Notice.
The person to whom a cancellation notice may be given is Aseid Malik of Walker Wise Solicitors
at Walker Court, 40-42 Abbey Street, Accrington, BB5 1EB
Notice of cancellation is deemed to be served as soon as it is posted or sent to us.
You can use the cancellation form provided below if you wish.
Signed on behalf of Walker Wise Solicitors: ……………………………
If you wish to cancel the contract, you must do so in writing and deliver personally or send (which may not be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to.
(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To: Aseid Malik of Walker Wise Solicitors
at Walker Court, 40-42 Abbey Street, Accrington, BB5 1EB
I hereby give notice that I wish to cancel my Conditional Fee Agreement with your firm.
Name (please print): …………………………………………
Law Society Conditions
The Law Society Conditions below are part of this agreement. Any amendments or additions to them will apply to you. You should read the conditions carefully and ask us about anything you find unclear.
- always act in your best interests, subject to our duty to the court;
- explain to you the risks and benefits of taking legal action;
- give you our best advice about whether to accept any offer of settlement;
- give you the best information possible about the likely costs of your claim for damages.
- give us instructions that allow us to do our work properly;
- not ask us to work in an improper or unreasonable way;
- not deliberately mislead us;
- co-operate with us;
- go to any medical or expert examination or court hearing.
Dealing with costs if you win
- Subject to any overall cap agreed with you, you are liable to pay all our basic charges, our expenses and disbursements and the success fee (up to the maximum limit) together with the premium of any insurance policy you take out.
- Normally, you can claim part or all of our basic charges and our expenses and disbursements from your opponent, You provide us with your irrevocable agreement to pursue such a claim on your behalf. However, you cannot claim from your opponent the success fees or the premium of any insurance policy you take out.
- If we and your opponent cannot agree the amount, the court will decide how much you can recover. If the amount agreed or allowed by the court does not cover all our basic charges and our expenses and disbursements, then you pay the difference up to any maximum agreed with you.
- You, not your opponent, pay our success fee and any insurance premium.
- You agree that after winning, the reasons for setting the success fee at the amount stated may be disclosed to the court and any other person required by the court.
- If your opponent is receiving Community Legal Service funding, we are unlikely to get any money from him or her. So if this happens, you have to pay us our basic charges, expenses and disbursements and success fee.
We are allowed to keep any interest your opponent pays on the charges.
You agree to pay into a designated account any cheque received by you or by us from your opponent and made payable to you. Out of the money, you agree to let us take the balance of the basic charges; success fee; insurance premium; our remaining expenses and disbursements; and VAT.
You take the rest.
If your opponent fails to pay monies due to you
If your opponent does not pay any damages or charges owed to you, we have the right to take recovery action in your name to enforce a judgment, order or agreement. The charges of this action become part of the basic charges.
Payment for advocacy
The cost of advocacy and any other work by us, or by any solicitor agent on our behalf, forms part of our basic charges. We shall discuss with you the identity of any barrister instructed, and the arrangements made for payment.
Barristers who have a conditional fee agreement with us
If you win, you are normally entitled to recover their fee from your opponent, but not their success fee. The barrister’s success fee is shown in the separate conditional fee agreement we make with the barrister. You must pay the barrister’s success fee shown in the separate conditional fee agreement we make with the barrister. We will discuss the barrister’s success fee with you before we instruct him or her. If you lose, you pay the barrister nothing.
The barrister’s success fee is included within the maximum limit to the recoverable success fee in proceedings at first instance as explained in Schedule 1.
Barristers who do not have a conditional fee agreement with us
If you win, then you will normally be entitled to recover all or part of their fee from your opponent. If you lose, then you must pay their fee.
What happens when this agreement ends before your claim for damages ends?
- Paying us if you end this agreement
You can end the agreement at any time. Unless you have a right to cancel this agreement under Schedule 3 and do so within the 7 day time limit we then have the right to decide whether you must:
- pay our basic charges and our expenses and disbursements including barristers’ fees but not the success fee when we ask for them; or
- pay our basic charges, and our expenses and disbursements including barristers’ fees and success fees if you go on to win your claim for damages.
- Paying us if we end this agreement
(i) We can end this agreement if you do not keep to your responsibilities. We then have the right to decide whether you must:
- pay our basic charges and our expenses and disbursements including barristers’ fees but not the success fee when we ask for them; or
- pay our basic charges and our expenses and disbursements including barristers’ fees and success fees if you go on to win your claim for damages.
(ii) We can end this agreement if we believe you are unlikely to win. If this happens, you will pay nothing.
(iii) We can end this agreement if you reject our opinion about making a settlement with your opponent. You must then:
- pay the basic charges and our expenses and disbursements, including barristers’ fees;
- pay the success fee if you go on to win your claim for damages.
If you ask us to get a second opinion from a specialist solicitor outside our firm, we will do so. You pay the cost of a second opinion.
(iv) We can end this agreement if you do not pay your insurance premium when asked to do so.
This agreement automatically ends if you die before your claim for damages is concluded. We will be entitled to recover our basic charges up to the date of your death from your estate.
If your personal representatives wish to continue your claim for damages, we may offer them a new conditional fee agreement, as long as they agree to pay the success fee on our basic charges from the beginning of the agreement with you.
What happens after this agreement ends
After this agreement ends, we may apply to have our name removed from the record of any court proceedings in which we are acting unless you have another form of funding and ask us to work for you.
We have the right to preserve our lien unless another solicitor working for you undertakes to pay us what we are owed including a success fee if you win.
Explanation of words used
Appearing for you at court hearings.
(b) Basic charges
Our charges for the legal work we do on your claim for damages as set out in Schedule 2.
Your demand for damages for personal injury whether or not court proceedings are issued.
A claim that your opponent makes against you in response to your claim.
Money that you win whether by a court decision or settlement.
(f) Our expenses and disbursements
Payments we make on your behalf such as:
- court fees;
- experts’ fees;
- accident report fees;
- travelling expenses.
(g) Interim damages
Money that a court says your opponent must pay or your opponent agrees to pay while waiting for a settlement or the court’s final decision.
(h) Interim hearing
A court hearing that is not final.
Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. A lien may be applied after this agreement ends.
The court has dismissed your claim or you have stopped it on our advice.
(k) Formal Offer to Settle
An offer to settle your claim made in accordance with Part 36 of the Civil Procedure Rules.
(l) Provisional damages
Money that a court says your opponent must pay or your opponent agrees to pay, on the basis that you will be able to go back to court at a future date for further damages if:
- you develop a serious disease; or
- your condition deteriorates;
in a way that has been proved or admitted to be linked to your personal injury claim.
(m) Qualified One-Way Cost Shifting
The rules in respect of costs payable if you lose a personal injury claim set out in Part 44 Section II of the Civil Procedure Rules.
(n) Success fee
The percentage of basic charges that we add to your bill if you win your claim for damages
The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.
Your claim for damages is finally decided in your favour, whether by a court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing the claim.
‘Finally’ means that your opponent:
- is not allowed to appeal against the court decision; or
- has not appealed in time; or
- has lost any appeal.
After the Event Insurance Fact Sheet
What you need to know about ATE Insurance
- Claiming compensation is costly and we have a duty to ensure you are fully aware of the risks involved.
- A “No win, no fee” agreement also known as a Conditional Fee Agreement (CFA) means you do not pay us – your solicitor unless you win your case. You will however be liable to pay for any disbursements and expenses incurred on your behalf and in certain circumstances your opponents costs as well.
- In very limited situations you may win your case but still be liable to pay your opponents costs which could mean that you do not receive any compensation at all – despite winning your case. Such costs can often run into thousands of pounds.
- We therefore recommend that you purchase an After The Event Insurance policy to protect yourself against such unexpected costs.
- If you do not purchase an ATE Insurance Policy now but decide to purchase insurance when it is needed later, the premium will be considerably higher and it will probably be uneconomical to do so.
- We are only able to secure low premiums if you agree to purchase a policy within 14 days of starting your claim. Premiums rise dramatically after this period.
Why do I need to insure my claim?
It is not a legal requirement to purchase insurance to protect yourself from unexpected legal costs however if you choose not to you must understand that you will be personally responsible for any costs due to your opponent in circumstances outlined below as well as any disbursements incurred on your behalf which cannot be recovered from your opponent. There is nothing new about insuring the legal costs of litigation and due to the uncertainty of litigation and the high costs involved we strongly advise you to purchase ATE insurance rather than face any unexpected costs consequences. You can of course arrange your own insurance if you prefer to arrange this yourself however you must advise us if this is the case as there are strict terms and conditions within policies which we and you must abide by.
Insuris Limited is a well-known specialist insurer who have insured and protected thousands of customers over the years against opponent’s costs and disbursements. As you are liable for your own incurred disbursements and in certain scenarios opponent’s costs and disbursements, ATE insurance can provide peace of mind and security against unexpected costs.
What are disbursements?
Disbursements are expenses that we your solicitor incurs on your behalf for items such as copies of your medical records, an accident report, a locus report, medical reports (necessary to detail your injuries) as well as court fees and counsel’s fees for both advice and court appearances if necessary. It is difficult to predict what the total of these disbursements may be because many of them depend on the complexity of issues which may only come to light later in the case. Much will depend on whether the defendant agrees to settle with you, and if so at what stage. We can say however that disbursements will certainly be many hundreds of pounds and often run into thousands of pounds if counsel is involved and/or a trial takes place.
What are opponent’s costs?
Opponent’s costs are the legal costs plus any disbursements your opponent incurs in defending a claim against you. Costs can often be extremely high and in some circumstances (failing to beat a Part 36 offer) you could win your case but all of your damages could be consumed by paying your opponents costs.
Who is the insurance policy designed for?
After the Event insurance is designed to help any claimant, including commercial customers who need to take legal action and could be facing considerable adverse costs in the event they lose their claim or even win their claim but are still ordered to pay costs to their opponent.
When do I pay the premium?
- There are no up-front costs – You do not have to pay anything for this policy now.
- No win, no fee Premium – You only ever pay us the premium in the event you win your claim for compensation
- If your claim is unsuccessful you do not have to pay the premium for this policy.
- If your claim is successful, the premium will be deducted from the damages you recover.
- The policy gives you the ability to ensure that an opponent pays you the correct level of damages because with our consent you can reject a damages offer which is deemed to be too low and if you later receive less than the sum you rejected, the policy will pay your liability for your opponent’s costs. This benefit alone may well outweigh the cost of the premium.
- On the 1st April 2013 the court rules were amended so that you will now recover an extra 10% of damages compared to what you would have recovered before April 2013, and this was in part to enable you to pay for this sort of ATE insurance out of the money you recover.
What does Insuris Insurance offer?
Provided your case is accepted by the insurer and you have agreed to pay the premium, Insuris Limited can provide costs protection cover in the event you lose your case by paying reasonably incurred disbursements as well as protect your compensation in the event you fail to beat your opponents offer to settle.
When should I get covered?
The earlier you take out the policy, the lower your premium will be. Insurance taken out later in your case will mean you will have to pay a considerably higher premium, and in some cases will mean you cannot get your case insured at all.
How do I arrange cover?
We will arrange cover on your behalf which is appropriate for your needs providing you have authorised us to do so. If you do not provide your consent we will not arrange cover for you and therefore you agree to pay for any disbursements or opponent’s costs yourself if you lose your case or are ordered to do so.
Premiums vary according to the type of legal case you are pursuing due to the fact that some cases are more complex than others and are therefore more expensive to pursue. The premiums below apply to fast-track cases with cover up to £25,000.
We will advise you if Insuris Insurance reject your application for cover or if the premium differs from the figures below. The insurance premium tax (currently 12%) will be payable at the rate in force at the time the premium is paid.
|Road Traffic Accident||£ 242 incl IPT (at current rate)|
|Employers Liability Claim||£ p.o.a plus IPT|
|Public Liability Claim||£ p.o.a plus IPT|
|Industrial Disease Claim||£ p.o.a plus IPT|
Who is Insuris Insurance?
Insuris Limited is an insurance company that specialises in After the Event (ATE) legal expenses insurance.
We would advise you however that we are not insurance brokers. The legal expenses insurance market is complex and changes frequently. Accordingly we do not offer professional advice on all policies available in the market, but we will advise you in detail on the circumstances of your own case, should at any stage your interests conflict with ours, and if this occurs we may recommend that counsel’s advice should be obtained on those areas of conflict.
Unless you instruct us otherwise, we will arrange for an Insurance policy to be taken out with Insuris Insurance to protect you against the risks set out above. In doing so you will be agreeing to allow the insurer, to inspect your file and receive ongoing information from us regarding the progress of your case and its outcome. You will also be agreeing with Insuris Insurance that we can act on your behalf to ensure that the policy terms are complied with. Most importantly, your instructing us to proceed will constitute your irrevocable agreement to allow us to receive your damages and to deduct the appropriate premium from the damages and to send it to the insurer in settlement of the liability to pay the premium.
We are not directly authorised by the Financial Conduct Authority, however we are included on the exempt professionals register maintained by the Financial Conduct Authority so that we may carry out insurance mediation activity. This means broadly that we can arrange, sell and administer insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/register.
The Law Society of England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory arm of the Law Society. The Legal Ombudsman deals with complaints against lawyers. If you are unhappy with any insurance advice you receive from us, you should raise your concerns with either of those bodies.
We only deal with products from Insuris Limited for legal expenses insurance policies, but we are not contractually obliged to conduct business in this way.
BMA/The Law Society consent form
Consent form (Releasing health records under the General Data Protection Regulation and the Data Protection Act 2018)
Your health records
Your health records typically contain information from almost all consultations and contacts you have had with health professionals in the practice and information sent to the practice about you from others, such as hospital letters.
The information they contain usually includes:
- why you saw a health professional;
- details of clinical findings and diagnoses, investigations, tests and scans;
- any options or recommendations for care and treatment the health professional discussed with you;
- the decisions made about your care and treatment, including evidence that you agreed; and
- details of actions health professionals have taken and the
Why your records are needed and what may happen to them
If you are making, or considering making, a legal claim for compensation related to an injury to your health, your solicitor will likely need to see copies of all your GP records. They will also need any hospital records made in connection with the incident and others that may be relevant. This is to enable the solicitor to understand the incident and your injury and give you legal advice on the merits and value of your claim.
If you decide to go ahead with your claim, your solicitor may advise that it is sensible (or that it may be necessary) to give copies of your records to:
- the expert whom your solicitor or agent instructs to produce a medical report as evidence for the case;
- the insurance company for the person or body you are making a claim against;
- the person or the body you are making a claim against and/or their solicitors;
- any insurance company or other organisation paying or providing an indemnity for your legal costs; and
- any other person (such as a barrister) or body (such as the court) officially involved with the
Once you start your claim, the court can order you to give copies of your health records to the solicitor of the person you are making a claim against so he or she can see if any of the information in your records can be used to defend his or her client. The solicitor of the person or body you are making the claim against will likely show your records to their client in the normal course of advising them and may show them to others too (such as a barrister or medical expert). If the person you are making the claim against does not have a legal representative the court can order you to give copies to them directly.
You do not have to give permission for your health records to be obtained and disclosed in your case but if you don’t, it is unlikely that your claim will be able to proceed if the medical records are crucial evidence in your claim. The court may not let you go ahead with your claim and your solicitor may be unable to continue to represent you.
If there is very sensitive information in the records that is not connected to the claim you should tell your solicitor. They will then consider whether this information may be relevant and needs to be disclosed in the case. Your solicitor can advise you on this and if appropriate may advise you to discuss the matter with your medical practitioner.
By signing this form, you are agreeing to the health professional, hospital and others named on this form releasing copies of your health records to your solicitor or agent. During the process your
records may be seen by people who are not health professionals, but they will keep the information confidential.