An insurance policy taken out after an accident has occurred, to cover liability to pay an opponent’s costs and in the case of an Accident Line Protect Plus policy, your disbursements. The premium for this insurance can be paid at the start or in Protect Plus policies, at end of the case and can be recovered from the opponent.
Technically, a lawyer who has been ‘called to the bar’. In practice, solicitors will refer cases to barristers where they require more specialist advice or to conduct a case in court.
An insurance policy taken out, usually as part of a household or motor insurance to cover future legal expenses in certain types of cases, including accidents. Typically, it will cover solicitors’ fees and expenses, expert witness and court fees and your opponent's legal costs.
The money you are awarded for losses, pain and suffering caused through your personal injury.
The term used where a solicitor or barrister agrees to charge a lower fee, or no fee if a case is lost than if it wins. Often called a ‘CFA’ in personal injury cases, it will usually be on a ‘no win no fee’ basis. There will usually be a ‘success fee’ where the solicitor can charge an additional amount above their usual fees if the case is won, in exchange for taking the risk that they will not be paid these fees if the case is lost. The agreement will not apply to the liability to pay the opponent’s costs if the case is lost.
Any party who is required to answer the complaint of a claimant in civil court proceedings.
Payments made by your solicitor to other people on your behalf in connection with your claim, such as court fees, police accident report fees, medical report fees, hospital/GP records, and counsel’s fees. These disbursements may be recovered from your opponents if you win your case.
A person asked to give evidence on a subject in which they are qualified and have recognised expertise. For example doctors, engineers, accident reconstruction consultants etc.
Another term for compensation. Sometimes split between general damages (e.g. pain, suffering, loss of amenity, loss of future earnings) and special damages (expenses incurred such as medical fees, past loss of earnings, travel expenses).
The Law Society of England and Wales is the representative body for solicitors in those countries.
A Conditional Fee Agreement where the solicitor or barrister agrees to make no charge if the case is lost.
In civil claims, one party may make an offer of settlement. Usually it will be made as a ‘Part 36 Offer’. This is a reference to Part 36 of the Civil Procedure Rules which set out the way in which cases are conducted. There can be costs consequences if an offer is rejected but the eventual outcome is less advantageous to the party rejecting the offer.
A term for the conduct of a case when a claim has been commenced in a court.
A process a solicitor will carry out in order to decide whether to take a case on a conditional fee agreement and after that, when advising on any changes in risk in a case.
The additional fee that a solicitor or barrister can charge. This will usually be paid by your opponent if you lose the case. The success fee is calculated as a percentage of costs and will be included in the conditional fee agreement.