Commercial conditional fee agreements
Commercial litigation can prove very expensive. Sadly businesses are often put off claiming what they deserve by the fear of massive legal costs can sometimes be involved in a business dispute.
But our solicitors have a solution – commercial conditional fee agreements, under which we can either run your case on the basis of a discounted fee or a no win no fee agreement.
However please note that we are unable to run any commercial litigation using a no win no fee agreement where the value of the claim is £10k or less.
And we help clients like you to resolve commercial disputes both locally in Wiltshire, Hampshire, Dorset and Somerset – and throughout England and Wales – from our offices in Salisbury, Andover, Fordingbridge and Amesbury.
In addition, Bonallack and Bishop have the business litigation experience you need. Partner and head of our dispute resolution team, David Patterson, is a member of the Commercial Litigation Association (CLA) – the UK’s only dedicated commercial dispute resolution organisation.
Looking for no win no fee representation with a business dispute? Call our specialist dispute resolution team on FREEPHONE 0800 1404544, or one of our four local office numbers for FREE initial phone advice – no strings attached.
How a no win no fee commercial litigation agreement can help you
Many small businesses are simply unaware that no win no fee agreements are available for commercial disputes too. These agreements, officially called Conditional Fee Agreements (CFAs), can be a very useful way of pursuing a legal case without risking the business’s profits.
Commercial conditional fee agreements, which can include no win no fee schemes for appropriate cases, allow you to instruct a solicitor to:
- advise on the chances of your case succeeding
- try to negotiate settlement with the other side and
- if necessary, take the case to court – either paying reduced solicitors’ fees or no solicitors fees at all! In particular, if you lose your case then you are not normally liable for our legal costs. In short, if you lose, so do we.
You can rest assured that our commercial team has considerable experience both of business litigation and in running conditional fee agreements. We have successfully represented hundreds of clients in personal injury, medical negligence and professional negligence claims using similar schemes – we have simply extended the offer to cover business disputes.
If the claim is dealt with on a no win, no fee basis, then it means that in the event of an unsuccessful outcome, you would not normally be liable for our legal fees.
Why don’t more solicitors offer no win no fee for business disputes?
It’s not always easy to find a law firm willing to work on a CFA, particularly if you live outside a big city. But why don’t all solicitors offer these commercial conditional fee schemes? Frankly it beats us.
All we have done is to extend arrangements which have been working for years for thousands of people in accidents cases, to commercial litigation. Though it is worth pointing out that not all commercial disputes suit no win no fee.
No Win No Fee – What Are Success Fees?
In addition to your costs if you win, under a no win no agreement, you will also be liable to pay an additional “success fee” to your solicitor, calculated as an additional % of the damages awarded by the court. These fees will be agreed with your solicitor right at the beginning of the process.
Our team will also discuss with you the possibility of taking out what is known as “After the Event” ( or ATE) insurance. This kind of policy is intended to mainly cover you against the other side’s legal costs and disbursements if your case fails. Some ATE insurance premiums are deferred and also dependant on success, so clients only pay if the case is won, or when you settle the case out of court.
My Commercial Litigation – What are Disbursements And How Can I Pay For Them?
Disbursements is a legal term which describes additional costs payable to a third party. These include, for example, court fees to issue the claim in the first place, barristers fees, and the cost of any experts report which you may need to prove your case.
Depending on the size of your claim and the financial position of the other side, our solicitors may also recommend for a check to be made into the other side’s financial situation, for example.
If you don’t have the cash to pay these charges up front, that doesn’t mean that you can’t work with a solicitor under a CFA. Often arrangements can be made with third party finance companies who lend the money to cover costs for court fees and other disbursements.
What types of business disputes do no win no fee agreements cover?
Our no win no fee commercial litigation conditional fee agreements cover a wide variety of cases – from company litigation and director and shareholder disputes to business partnership disputes and professional negligence claims.
And no win no fee works equally well for small businesses and larger corporates – though in general terms, no win no fee rarely works when the value of the dispute is £10,000 or below – because it’s simply not cost-effective.
Call us now to see how we can help resolve your business dispute. Or click here to find out more about how no win no fee agreements work.
Business disputes – the importance of early legal advice
There are a number of reasons why it’s important to get the right advice at an early stage when dealing with any sort of business dispute.
• Firstly, memories are short – so collecting evidence as soon as possible can make a big difference
• Secondly the worry that many people suffer with potential commercial litigation hanging over them can be considerable. Getting the right advice at an early stage can often put your mind at rest.
• Thirdly, never leave a dispute too long. The may well be a time limit on your particular type of case – so delay could mean that you lose your right to claim entirely.