Litigation can be an expensive process however, there are a number of options available to spread the risk and cost.
To find out more about the different dispute resolution funding options we offer, please click on the links below to jump to the relevant section:
- Typical Charging Scheme
- Conditional Fee Arrangements (“no win, no fee”)
- Discounted Fee Arrangement
- Fixed Fee Dispute Resolution
- Legal Expenses Insurance
- Escalate Commercial Dispute Resolution.
You can also take a look at our Frequently Asked Questions About Dispute Resolution Funding.
For specific advice on the right funding options for your circumstances, get in touch with your local Ashtons Legal team in Cambridge, Bury St Edmunds, Ipswich and Norwich.
To set up an initial consultation:
- Give us a call on 0330 404 0767; or
- Fill in our simple online enquiry form and we will be in touch shortly.
Dispute Resolution Funding Options
Typical Charging Scheme
We generally charge our clients by reference to our hourly charging rates, which will be outlined to you in our letter of engagement. The amount you are charged on your bill will depend on the amount of time we spend working on your case. We will provide regular fee updates as the matter progresses and produce invoices for our fees at regular intervals.
Conditional Fee Arrangement (also known as “no win, no fee”)
In certain circumstances, our team may be able to enter into a conditional fee arrangement with your business whereby we will not invoice our fees unless we win the case.
If we win, we will raise a bill for our fees at the agreed hourly rates at the conclusion of the case, often in addition to a success fee.
Discounted Fee Arrangement
In certain circumstances, our team may be able to enter into a discounted fee arrangement whereby we invoice your business on a regular basis for work carried out but at a discounted (rather than full) hourly rate. We will look to recover the difference between the discounted hourly rate and the full hourly rate at the conclusion of the case if we win.
Fixed Fee Dispute Resolution
Every case our team deals with turns on its facts, and the nature of litigation means bespoke advice is required from our team throughout the litigation. Therefore, in contrast to other practice areas, it can be difficult for our team to agree on a fixed fee for an entire case with certainty. What we can do instead is to provide fee estimates for each stage of the litigation and, if appropriate, agree to a fixed fee for specific pieces of work.
In some instances, we can offer a fixed fee and we are happy to discuss and consider the suitability of such an arrangement depending on the nature of your matter. Similarly, our Escalate Commercial Dispute Resolution provides a fixed fee structure for certain types of work, usually contractual disputes, bad debts, intellectual property infringement and professional negligence.
Legal Expenses Insurance
If you have legal expenses insurance, your insurance provider may agree to meet part or all of your legal costs for a particular type of dispute. We suggest you review the terms of your policy prior to contacting us about the dispute.
Escalate Commercial Dispute Resolution
The Escalate scheme provides a straightforward approach to SME’s looking to find a commercial solution to their disputes with no upfront costs. It also aims to resolve disputes quickly to help improve cash flow.
For more information, please follow this link
Frequently Asked Questions About Dispute Resolution Funding
If I win my case will all of my legal costs be paid by the losing side?
The general rule for claims valued at over £10,000 is that the loser pays the winners costs, however, this is subject to assessment by the court, which means the court will have the ultimate discretion over what proportion of costs is awarded to the winning side if the parties can’t agree to it themselves.
As a rule of thumb, the court (when assessing costs on the standard basis) will award between 60 – 80% of costs to the winning side unless the costs are assessed on the indemnity basis, which can happen in certain circumstances.
If assessed on the indemnity basis, the proportion of costs awarded will typically be higher than when assessed on the standard basis.
If I lose my case, will I still need to pay my legal costs?
Yes, you will need to pay your own legal costs in addition to the costs incurred by the winning side, which will be assessed by the court, if not agreed.
Can I enter into a Conditional Fee Arrangement (CFA) straight away?
Prior to entering into a CFA, we will need to carry out an initial assessment of your matter and the merits of your claim. Whether we offer a CFA is considered on a case-by-case basis. In order to carry out that initial assessment, we will ask for some payment on account and if we decide to offer a CFA following that assessment, no further fees will (generally) be billed to you until the conclusion of the case.
Contact our dispute resolution solicitors
For a proactive, cost-effective dispute resolution service, get in touch with your local Ashtons Legal team in Cambridge, Bury St Edmunds, Ipswich and Norwich.
To set up an initial consultation:
- Give us a call on 0330 404 0767; or
- Fill in our simple online enquiry form and we will be in touch shortly.