RTA claim in court, pls help...

wozzza72

Hi

I was involved in an RTA back in September 2019. I have been offered an amount by the third party which falls short of the valuation my solicitor has set. They have now arranged a court hearing and advised:

In regards to the barrister, we would arrange this for you and we would receive the invoice directly from them, If we are successful, the third party insurers will pay the fee.

I understand barristers are very expensive, this suggests to me the third party are confident they can win the case (eg not be liable to pay any further compensation) and then I would be liable to pay for the barrister.

Any thoughts appreciated. 

born_again

So what exactly are you claiming for?
Damage to car? Personal injuries?

k3lvc

born_again said:

So what exactly are you claiming for?
Damage to car? Personal injuries?

Seems to be at least the 8th post on the same issue

@wozzza72 - all depends on how lucky you feel to involve a barrister - seems a fairly low amount to take that gamble for and could easily cost you more than you win

Sandtree

wozzza72 said:

It's a personal injury claim. And no amount was mentioned...

What is the amount you are claiming and how much have they offered?

If there was a serious chance of it going to the court room I'd be surprised if the third party doesn't make a "part 36 offer"... this is effectively a best and final offer and has financial consequences on costs if the matter proceeds to court and the judge doesn't award a higher amount

wozzza72

We are not actually claiming any particular amount, we have been receiving offers and the best and final offer is £4k, my solicitor thinks this is below the bottom bracket they would expect and have advised the claim should be worth around £7k. We are now at the stage where the TP insurers have forwarded the £4k to me (I think this is the part 36 offer) with my solicitor advising we go to court. But I have now been advised what I stated above:

In regards to the barrister, we would arrange this for you and we would receive the invoice directly from them, If we are successful, the third party insurers will pay the fee.

Sandtree

wozzza72 said:

We are not actually claiming any particular amount, we have been receiving offers and the best and final offer is £4k, my solicitor thinks this is below the bottom bracket they would expect and have advised the claim should be worth around £7k. We are now at the stage where the TP insurers have forwarded the £4k to me (I think this is the part 36 offer) with my solicitor advising we go to court. But I have now been advised what I stated above:

In regards to the barrister, we would arrange this for you and we would receive the invoice directly from them, If we are successful, the third party insurers will pay the fee.

What is your funding arrangements with your representatives? Whilst we still talk of "no win, no fee" this technically covers a range of possible options, some of which can be combined. If they are acting under your legal expenses policy almost certainly disbursements like barrister fees will be covered by the insurance. Other classes of funding have wider scope for differences and whilst legal fees may be waived in the event of a loss and third party fees covered by ATE Insurance your solicitors own disbursements may still be payable.

You need to read the paperwork they gave you and look for the terms arounds disbursements or failing that, speak to them. Its also worth asking them the impact on you of their recommendation for turning down the Part 36 offer should the judge deem that the offer was reasonable. 

jimjames

wozzza72 said:

In regards to the barrister, we would arrange this for you and we would receive the invoice directly from them, If we are successful, the third party insurers will pay the fee.

That's all very well but surely it's as important if not more so, what happens if you are not successful? Who pays then?

wozzza72

Apparently I took out insurance that covers the barrister costs. I have been advised that once the TP insurers know they will have to attend court they will try and settle, again. We'll see...

Sandtree

jimjames said:

wozzza72 said:

In regards to the barrister, we would arrange this for you and we would receive the invoice directly from them, If we are successful, the third party insurers will pay the fee.

That's all very well but surely it's as important if not more so, what happens if you are not successful? Who pays then?

It depends on the definition of "success" (which is complex when there is a part 36 offer on the table) and if you are just talking about your own barrister or the third party legal fees.

Under most CFAs your solicitors will buy ATE Insurance which covers the third party costs in the event of the case being unsuccessful. Your own solicitors disbursements is more variable.