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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My father has a breathing issue & it has been linked

Resolved Question:

Hello
My father has a breathing issue & it has been linked to where he used to work.
Via a local solicitor he is taking legal action against his previous employer for industrial disease, on a "no win no fee basis".
His solicitor has given him about 20pages of an agreement to sign called CONDITIONAL FEE AGREEMENT.
These documents are on https://dl.dropboxusercontent.com/u/4022039/sol%20scan.zip
I just need another solicitor to read this agreement to make sure its all above board and I want to ask a couple of questions in plain English.
The questions are:
If he WINS, is there any way he can lose out financially.
for example, he wins £50,000 - but the solicitors costs are £100,000
If he LOSES, he understands that the solicitors will waive their fees, BUT he may still have to pay expenses and disbursements and his opponent could claim costs.
The solicitor has suggested an insurance policy to cover the opponents costs.
However, I am not sure about his solicitors expenses and disbursements, that still need to be paid.
Basically, if he loses could he have anything to pay himself ?
DEATH
If during the case, my father dies - the solicitor will still require paying & will make a claim on his estate.
This is an issue, as my mother will still be alive.
Is there anything I can do about this - another insurance policy ?
Is there ANYTHING else I should be concerned about ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
The questions are:
If he WINS, is there any way he can lose out financially.
No. If you are on a CFA then the Court is unlikely to award 100% of costs. You can expect to lose around 30% or so. But they have agreed to waive the difference.
for example, he wins £50,000 - but the solicitors costs are £100,000
Costs are separate from any quantum award. Therefore if the claim is £50,000 the Court will still assess the £100,000 costs. They are not deducted from the award.
If he LOSES, he understands that the solicitors will waive their fees, BUT he may still have to pay expenses and disbursements and his opponent could claim costs.
Yes
The solicitor has suggested an insurance policy to cover the opponents costs.
Yes, this is wise.
However, I am not sure about his solicitors expenses and disbursements, that still need to be paid.
This is because the Solicitors would still have to pay out Court fees etc.
Basically, if he loses could he have anything to pay himself ?
Without ATE insurance yes. With insurance no.
DEATH
If during the case, my father dies - the solicitor will still require paying & will make a claim on his estate.
This is an issue, as my mother will still be alive.
Is there anything I can do about this - another insurance policy ?
There may be another insurance or cover for this - you need to ask.
Is there ANYTHING else I should be concerned about ?
No, its a standard CFA.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

With thanks for the prompt reply.

Sorry, just one follow up question:

If he LOSES, then the solicitors will waive their fees, but he will still have to pay expenses and disbursements.

I guess this could be £1000's if he loses and the insurance policy is just for covering the opponents costs

Shouldn't the solicitor of told us about these potential costs, since it was given to us as a "No Win No Fee".

Is it possible that there is another insurance policy that could cover these expenses and disbursements costs ?

Thanks

Expert:  Ash replied 1 year ago.
The ATE insurance should cover the disbursements etc. The ATE should cover that as well.
Alex
Customer: replied 1 year ago.

Thanks.

What does ATE stand for ?

I'll then approve payment, many thanks.

Expert:  Ash replied 1 year ago.
After The Event Insurance.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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