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EXPERT OPINION


DON’T DO IT YOURSELF WHEN IT COMES TO HANDLING DISPUTES


Gemma Carson, partner at law firm Wright Hassall, specialises in commercial litigation and shares her knowledge on commercial contract disputes, arbitration proceedings and professional negligence claims.


daunting prospect of expense and risk, most are just chalking problems up to experience rather than fighting their corner. Opponents are daring businesses to issue court proceedings, yet even disputes with a good chance of winning are going unheard, damaging the success of many UK businesses. Claimants could help ensure


M


the balance is tipped back in their favour. If a business has a claim against an opponent with the means to pay, law firms with specialist commercial dispute resolution expertise can find a funding solution for the case.


Conditional fee arrangements can be beneficial, especially when explained in terms of the likely overall financial outcome if the case is won or lost. Generally, the less the claimant invests financially in the case, the less they’ll get back when the case is won. If the case is lost but the right funding is in place, the business may have outlaid little or nothing and their liability for any opponent costs are fully covered.


The basis of a good claim Of course, a claim requires all the right ingredients to establish a legal claim for it to have prospects of success. However, even a claim with good legal prospects


can


collapse if the claimant is deterred from taking action.


12 DIY WEEK 7 SEPTEMBER 2018


any businesses in the DIY, hardware and garden centre industry are facing disputes but, with the


Disputes can often be resolved without the need to start court proceedings. Lawyers specialising in litigation have expertise in the court process and are skilled negotiators and problem-solvers, so their early input can often deliver a swifter resolution.


Legal support A law firm should have a creative approach to solving problems, considering practical options to assess if a resolution can be reached without the need to go to court. They should attend business meetings if required, review contentious correspondence before it’s sent out and be a professional sounding board to test strategies. These services can be ‘behind the scenes’ from an opponent’s point of view, so the lawyers’ involvement need not exacerbate any existing tension.


Focus should be on what the outcome may look like for


the


claimant, with and without funding, so informed decisions over the best option can be made.


Costs and funding Lawyers should present a detailed costs budget of the likely projected fees for seeing the claim through to resolution and they should advise on the various funding options available. There will be various costs to consider which, in brief, are:


1


Your lawyer’s costs. One option is to enter into a conditional fee agreement, where some or all of the costs are only payable if you’re successful and your


2 3


lawyers share some of the risk. Alternatively, your own costs may be met by an existing insurance, or a third-party funder might, in return for a fee, invest in claims to enable them to be brought.


Your expenses. Often known as ‘disbursements’, these include court fees, barristers’ fees and experts’ fees. If you don’t have existing insurance that covers these,


‘after-the-event’ (ATE)


insurance may be obtained to meet these costs or a third- party funder may cover them.


Your opponent’s costs and expenses. If your claim is unsuccessful, you could be ordered to pay some of your


opponent’s costs.


Again,


insurance or investment of a third-party funder could be used.


Remember, where payment of costs depends on a successful outcome, there will be more to pay if you are successful. Third-party funders usually


charge a fee, calculated as a percentage of the damages awarded or monies invested. After-the-event insurance will attract a premium, but costs can sometimes be deferred until conclusion of the case. The benefit to funding is being


able to limit any risk. By using funding products, you may receive less of your claim overall, but it enables you to lessen the potential liability you would otherwise be exposed to if you lose.


www.diyweek.net


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