Personal Injury - Success Fees and ATE

LMT_3

Hi, not sure whether this is the right home for this thread but I can't seem to find a better place. I had an accident earlier this year (got run over by a runaway vehicle in a public park). Solicitors are keen to take the case but I have struggled to find anyone that I can speak to on anything but a No Win No Fee arrangement.  This should be a simple case - liability is clearly with the other party, the challenge is proving whether it was their human error or mechanical failure. I struggled with a number of solicitors' legal advisors/call handlers in terms of either their processes (computer says no), form filling or just general clear phone line etc.  I can't seem to find a local solicitor so I'm having to go with a national firm. So, I decided upon using Bott and Co but they state that they will take a Success Fee etc of 35%.  I can't understand why it would be 35% given the Conditional Fee Order 2013 which suggests that the absolute maximum is 25%.  I have challenged them on this but they spout lots of legal stuff which sounds credible.  I have tried to go to the Law society and Law centre network but neither can advise or help me.  I am also not sure whether there is a need for ATE since this is so cut and dry that really I shouldn't need this protection and other websites seem to suggest that this could be through home insurance.

Anyway, anyone have any insight? I appreciate that you won't be able to provide legal advice!!!

DullGreyGuy

The problem isn't just win/lose, for example they may accept they are liable but state your injury is worth £10,000 as a global figure. You/your sols may say it's worth £15,000. The TPI then makes a Part 36 offer of £11,000. If you reject it and go to court you can be liable for some of their costs if the court agrees that the £11k was reasonable. This where ATE may also step in. 


Would need to understand what type of no win, no fee it is, I'd expect a Conditional Funding Agreement, but other types exist, and what their argument is for being able to charge 35%. You'd have to think them fairly special to pay more than the normal 25%.


You may have Legal Expenses cover via Home insurance, Trade Union etc which will avoid the success fee but limit you to using their choice of solicitor firm (for all intents and purposes.