Legal Aid
Changes to the legal aid scheme came into force in April 2013 and as a result, legal aid is more difficult to obtain in child abuse compensation claims (although it is technically available). The Legal Aid Agency recognises us as specialists in this area and have awarded BBK a franchise to undertake this work. A successful application will depend on your financial circumstances and we will let you know if we think it’s the best way to fund your case. However, in most cases we will advise that a “no win, no fee” policy is the most effective way of funding an abuse claim, given the complexities and legal fees involved in these types of cases.
“No win, no fee”
We have a “no win, no fee” policy for all claims we take on. If your claim is unsuccessful, assuming that you stick to your obligations under our ‘conditional fee’ agreement, you will not have to pay a penny.
Throughout the life of your case, there will be nothing to pay if you work with us to progress your claim. We will fund all of the up-front costs, including court fees, fees for obtaining documents and other expenses.
To reflect the risk that we take on by acting on a “no win, no fee” basis, as we may not get paid at all if the case is not successful, we are allowed to charge what is known as a success fee. This is essentially a bonus payment that we are entitled to for taking on that risk.
In cases where there is an insured defendant, we guarantee that if we take on your case and you stick by your obligations under our agreement, the maximum deduction from your compensation will be 20%. This 20% deduction will include the following:
- Any costs and expenses that we weren’t able to recover from the defendant
- The cost of taking out After The Event insurance on your behalf (the premium)
- Our success fee
- VAT
Ultimately this means that you are guaranteed to receive at least 80% of your compensation if your claim against an insured defendant is successful.
“No win no fee” agreements are also available to those whose claim is against an uninsured individual or party, but we will need to agree terms on a case-by-case basis.
“After The Event” insurance
We advise all our clients to take out After the Event (ATE) insurance at the outset of their claims. ATE insurance is a specific type of legal expenses policy which sits alongside your “no win, no fee” agreement to avoid you being left out of pocket if your claim is unsuccessful.
ATE insurance adds a layer of protection on top of our “no win, no fee” agreement. It means if your claim is unsuccessful the insurance will cover the other side’s costs and any expenses your solicitor had to pay when they were building your case.
You will only need to pay for the insurance if your claim is successful, and as mentioned above, the insurance premium is covered in the 20% deduction we take from your compensation (if your defendant is insured).
Legal Expenses Insurance
You may have an insurance policy to pay the legal fees associated with making a claim, perhaps with your home insurance or as a benefit of credit card membership. You are not obliged to accept the law firm recommended by your insurer, as they may not be specialists in this area.
Private paying
For clients with no insurance, who do not qualify for legal aid and who do not wish to enter into a ‘no win, no fee’ agreement, we can act on a private paying basis.
