What it costs
The costs involved in pursuing a claim together with the merits of the claim (chances of success) are the two most important factors when considering whether or not to litigate a matter. In particular, how to fund a case is one of the first issues that must be addressed. It is often the case that whilst a claim has merit there is little point in pursuing it because of the cost implications.
With respect to funding the claim we would firstly consider if your legal costs could be covered by insurance (say under a household insurance policy), public funding or by a third party.
We may be willing in some claims to consider taking on the claim on the basis of some sort of conditional fee arrangement (a no win low fee agreement) depending on the merits of the claim.
In addition we at this firm will consider with you the amount of your potential claim as against the potential costs and risks associated with issuing a claim and seeing it through to trial.
As a general rule a claim under £10,000 will be dealt with in the small claims court and any legal costs will not be recoverable from the other side even if you are successful in your claim.
Whilst in all fast and multi-track claims (those claims over £10,000 or claims dealing particularly complex issues) you can generally recover from the other side your legal costs. However, the successful party (even if she/he wins outright) often recovers less than 75% of their legal costs.
It is for these reasons that we will first consider with you all alternatives to issuing proceedings such as alternative dispute resolution which includes mediation (a procedure where a settlement is negotiated by using an independent person to try and bring the sides together) and see litigation as being a last resort.
At the outset of a case we would ensure that we make all cost and risk issues clear to you. This will enable you to make an informed decision and agree with us from the outset, a strategy to reach a solution that is satisfactory to you.
Quinn & Co has extensive experience in negotiating settlements and in taking matters through mediation so as to arrive at a satisfactory solution for clients and thereby saving on costs. We have experience of handling an extensive and wide range of diverse litigation matters and the issue of costs is therefore foremost in our minds.