If you have suffered as a result of professional negligence, you may well feel you have been treated unjustly and understandably want to fight back. At the same time, you may also be concerned about being drawn into a long and stressful legal process that could waste time and money if your case is unsuccessful.
As professional negligence experts, the Claims Against team hear such concerns on a daily basis. After a friendly chat, we are usually able to dispel these worries and leave you feeling confident about how best to progress your claim. Every case is unique, so don't hesitate to get in touch with us to discuss your options.
Below are some of the questions most frequently asked by our clients.
Yes - Unfortunately we do not deal with:
- Claims that have a value of £5000 or less
- Mis-selling of Payment Protection Insurance (PPI)
- Claims over six years old
- Immigration-related claims
Any claim with a value of £10,000 or less has to be brought within the small claims court. The consequence of this is that it is not possible to claim legal costs from the other party. Unfortunately, this makes it impractical for No Win No Fee agreements to be used, and we are unable to offer this type of funding in small claims cases.
For cases that are within the small claims court limits and have a value of at least £5,000, we are happy to agree fees for each stage of the small claims process. This enables you to stay in control of the legal spend. However, it is important to note that you cannot recover your costs from the other side in small claims cases, meaning that you should view your legal spend as an expense which you must meet whether you win or lose.
We accept most cases on a No Win No Fee basis, meaning that you do not have to pay us as your lawyers unless you win. As such, this funding method enables you to pursue your claim with peace of mind.
The other party will incur legal costs defending your claim if they use lawyers. You may also need to pay court fees and expert fees to progress your claim. To protect you against having to potentially pay these costs, we are able to arrange specialist insurance cover.
Many homeowners have Legal Expense Insurance (LEI) already in place through their household insurance providers. We may be able to act on your behalf through this cover and will happily speak with your legal expense insurer to arrange this.
If we are unable to offer you a No Win No Fee agreement and Legal Expense Insurance is not available, then we can still take on your case on a privately funded, pay-as-you-go basis. We will agree our charges with you at the beginning of each stage of your claim. We offer a number of flexible payment options, including paying by instalments or credit card. You are entitled to recover your reasonable legal costs from the other party if your claim succeeds.
For more information on funding your claim, please see our dedicated funding page.
Only a small percentage of disputes ever reaches a final hearing at court – most are settled at an earlier stage.
Claims Against are committed to pursuing your claim by whichever legal avenues are appropriate to achieve success for you. Our professional negligence solicitors are experts in litigation as well as alternative dispute resolution (ADR) methods such as mediation, which can often avoid the need for drawn out court proceedings and a final hearing. We can even arrange settlement or mediation meetings online or by telephone, minimising any inconvenience to you.
In order to ensure that your claim is processed thoroughly and fairly, there are certain court procedures which have to be followed. This includes a Pre-Action Protocol, which ensures all parties’ positions and documents are known at an early stage.
The duration of this stage can last between three to six months depending on your circumstances. In our experience, however, many cases are settled fairly shortly after the Protocol period has been concluded.
If court proceedings are commenced, then we will give you an estimate of the length of time it is likely to take to complete your case. As previously mentioned, we can often also offer alternative dispute resolution (ADR) options such as mediation, which can reduce the time it takes to conclude your case.