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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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How much will it cost to speak to a barrister ?

Customer Question

How much will it cost to speak to a barrister ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know please?
Customer: replied 2 years ago.

I had a accident at work but did not put it in the accident book , does this mean I have no chance in claiming compensation ?

Customer: replied 2 years ago.

I had an accident at work but did not put in the accident book , does this mean I have no chance in claiming compensation ?

Customer: replied 2 years ago.

The question I wanted to ask you was about having a accident at work , are you still on the line has my computer isnt very good connection ?

Customer: replied 2 years ago.

Will you please reply to my question about having a accident at work

Customer: replied 2 years ago.

Are you still working on my question ?

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Just because you did not put the accident in the accident book does not mean that it is fatal to your claim provided the facts of the accident are not in dispute.

In cases like this, unless there were witnesses, it is not uncommon for a defendant company to allege that the incident never took place.

Assuming that someone did witness this, or the employer is otherwise aware of the accident and provided the accident was fairly recent (within the last two years) I suggest that you speak to a solicitor who deals with personal injury matters who might be interested in taking this on a no win no fee basis.

That way you have no cost risk and you will have a good idea whether the claim is worth pursuing without wasting your own time.

Can I clarify anything for you?

Customer: replied 2 years ago.

I have agreed a C F E agreement no win no fee where if it goes to court and I lose I dont pay my solicitos anything but I pay the other sides costs and court cost this could be over 30000 pounds so you see I am A bit worried to say the least . This was the agreement with my solicitor.

My solicitor says I have a good case but im not sure because financially he has nothing to lose only his time .

At the beginni9ng of the claim I got witness statements myself and my solicitor sent them to the opposite side , have I done anything wrong intrying to write down what happened , we have issued proceedings and I am waiting for a defence they have asked for a two week extension

Expert:  Jo C. replied 2 years ago.
CFA is a Conditional Fee Agreement which is a no win no fee agreement.

Ask the Solicitor how he proposes that you should pay the fees in the event that you lose!

What would normally happen is that he would arrange ATE insurance (after the event insurance) that would pay for the legal costs in the event that your claim fails.

To do that, he will need to get a barrister's opinion that your case has a 60% chance of success.

That opinion must be in writing and this barrister will probably charge £600 plus VAT for the opinion but that will also be done on a no win no fee basis.
Customer: replied 2 years ago.

My solicitors does not do after the event insurance , I asked them about this , but they are pretty adament that I have a very strong case .

I also pay all the disbursements , medical report , issuing proceedinds , going to court etc.He says it will cost me another roughly thousand pounds to get it into court , I have four witness statements , I feel so strongly towards this has I could have been very seriously injured . or killed .

I asked my union at work solicitors to back me but they did not want to know when they found out I didnt enter the accident in the book .

This seemed at the time the only solicitors willing to help me , If I lose I may lose my house and half of me says I should have walked away .

I did phone around for A T E Insurance but doesnt this come out of my compensation , isnt it too late now has I have issued proceedings I dont want ant more delays , my solicitor says I have them bang to rights.

Can the opposite side do me for collusion has my solicitor has sent them my statements , can they use these in court , also my solicitor by mistake sent the opposite side two exact same statements from my manager one signed one not one statement with a different date on it to the other it looks so suspicious . appreciate your reply . sorry for being so stressed out

Expert:  Jo C. replied 2 years ago.

As you quite rightly said, it's all right for the solicitor because he is not going to have to part with any money, only time.

If he doesn't arrange after the event insurance, he needs to start doing it pretty quickly.

It is normal for you to pay disbursements at the end of the case. Disbursements are paid by the loser

Unfortunately, the only thing that is actionable is the actual injury the court will not consider things which could have happened such a serious injury or death.

After the event insurance and the solicitors costs and disbursements are generally paid by the defendant if the defendant loses.

They are not allowed to use anything that was inadvertently sent to them, in court and they are supposed to return it immediately.

I don't think the issue of the dates or the signature makes any difference whatsoever provided the content is exactly or virtually the same.

Please remember that even if the case had a 90% chance of success, (barristers will never give it more than 60%) there is still 10% chance that you will lose and with litigation like this, those costs can be tens of thousands of pounds as you are aware, so I would want a guarantee from the solicitor that this is not going to cost me any money if I lose.

I would want the solicitor to guarantee those costs. If he thinks you have a rocksolid case, he will have nothing to worry about because he will never lose anything!

You may find that if you facing with that, he may not be so confident if challenged.
Customer: replied 2 years ago.

My solicitor has told me if I back out now I have his costs £8000 and the other sides costs to pay so I may as well take it to court .

If I try and get after the event insurance now dont they want a percentage of your compensation if you win , also my solicitor gets 20% of the winning if we are sucessful before we go to court , I feel ive been stiched up .

Would it be good for me to get after the event insurance dont thet have to go through all your claim again ,

Also would it be good for me to get a barristers opinion , I am really worried as the other side are very very rich financially .

My solicitor has told me I will lose my house if we lose and I cannot back out now . Dont you feel im taking all the risk . Maybe a A T E Insurance may not take it on , this week I will get their Defence will now better , I dont want to lose my house I am fifty three and its the only thing I have .

Expert:  Jo C. replied 2 years ago.
And if he insisted on having that, I think you would have a major complaint to take to the Solicitors Regulation Authority for him getting you to pursue litigation that you had no way of funding if you lost.

After the event insurance is paid from the disbursements from the other side if you win.

There is no premium paid if you lose as (a rather odd concept) it actually insures its own premium.
It does not normally come out of your compensation.

If you found another solicitor, this solicitor should accept an undertaking from the new solicitor to pay the costs when the matter settles.

This is contentious litigation and he is not allowed to take what is called a contingency fee where he gets a percentage of your compensation.

He gets his fees for doing the work.

He may be able to get what is known as a "success fee" but that is paid by the defendant if the defendant loses.

Personal injury solicitors all over the place advertise no-win no fee and you get 100% of compensation.

To get After the Event Insurance, you need a barristers opinion that gives the case of a 60% chance of
success. The solicitor should know this and should have organised it already.

If you were not told on day one that you would lose your house if you lost, because the legal costs would be tens of thousands of pounds, you have a major complaint to make against the solicitor to the Solicitors Regulation Authority.

Customer: replied 2 years ago.

My solicitor four weeks ago got me to sign a piece of paper saying I was happy with the service he has given me so far , because im not good with whether he is doing a good job or not I signed it , get the feeling he is covering his own back ,

I will see him next week and insist on A T E Insurance , if I have any more problems can I come back to you .

I feel he has to many balls in the air and its a numbers game for him , but I am sick with worry , I have spoken to after the event companies but they all want a % .

He gets a sucess fee of 20% if sucessful before court .

I have even considered getting a bank loan right now .apreciate yout time

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience: Over 5 years in practice
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