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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am pursuing an asbestosis claim, originally on a no win,

Resolved Question:

I am pursuing an asbestosis claim, originally on a no win, no fee. Now the solicitor informs me that because of some recent legislation, the insurance cover is not available and I will have to meet any costs going forward. How is this possible.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Have proceedings been issued please?

Customer: replied 3 years ago.
Not yet. There are 7 defendants in my case and according to my solicitor, the AFE insurance has been withdrawn because this could lead to high costs in the event of my losing. The court has given is till 30th. April 2014 for service of proceedings.
Expert:  Ash replied 3 years ago.
Do they consider prospects have fallen below 50%?

Customer: replied 3 years ago.
I don't know. My solicitor is on holiday this week and I will meet next Tuesday. They want to proceed but I am wary of the possible cost. I cannot get a projection of what they could be, maximum etc.
Expert:  Ash replied 3 years ago.
I really depends. With a straight forward case you are looking at £20,000 costs.

If it is a complex case it could be £35,000 that is each Defendant. So the total exposure would be £280,000

But they can only withdraw if the terms allow and generally that is if prospects fall below 50%. If prospects are above 50% then they should continue but you may need to check the terms.

Can I clarify anything for you about this today please?


Customer: replied 3 years ago.
My instincts are to stop before serving proceedings but the solicitor sounds confident. So would I if someone else was paying. I only have a small pension. In the event of losing, would my house be seized to meet the costs?
Expert:  Ash replied 3 years ago.
Yes it could be enforced by seeking an Order for sale.

That is a risk of litigation, you are not guaranteed to win.

I am sorry.


Customer: replied 3 years ago.
Thank you for your response. I have already made my preference clear and will restate it when I meet the solicitor next week.
Many thanks for your candid and clear answers to my questions
Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help:
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.

I am just following up on this. Is there anything else I can help with? If so, please let me know.


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