SPECULATIVE FEES
A Costs Agreement will be entered into for matters where we consider that there are reasonable prospects of success and that the amount of compensation that will be received makes it commercially viable to pursue.
Terms of the Costs Agreement are summarised as follows:-
1. FEES PAYABLE:
All professional fees will be become payable in full upon the happening of any of the following events:
- If the matter is successfully resolved by:
i. A Judgement awarding damages made in favour of the Plaintiff; or
ii. A Settlement of the matter providing for the payment of the sum of money to the Plaintiff;
- If the Plaintiff fails to make full and frank disclosure of material matters which are known to the Plaintiff and may or will preclude a successful outcome of the matter;
- The client unreasonably refuses to act in accordance with the firm's advice;
- The client instructs other Solicitors to act in the matter;
- The client fails to provide adequate instructions within a reasonable time of being requested to do so;
2. FEES:
The client will pay legal and administrative services on an hourly rate. A component of further fees is calculated by way of a percentage uplift if the matter is commenced and finalised on a purely ‘no win – no fee’ basis. These rates vary depending on the nature of the claim and will be determined upon receipt of your enquiry. Once your approval of the proposed rate is received by us and a Costs Agreement entered into, the matter can proceed.
3. PAYMENT
OF OUTLAYS:
If
the firm meets payment of the disbursements on behalf of
the client, the firm is entitled to recover that amount
plus an additional amount payable as a deferred refund fee,
from any monies lodged in the firm’s Trust Account.
The firm will not engage outside experts (Accountants, Doctors, Engineers, etc) without the client’s prior approval.
4. BRIEFING COUNSEL:
The firm is authorised to retain Counsel to appear, advise and/or draw and/or settle documents provided that the client's prior approval is obtained except in circumstances of urgency or where it is otherwise impracticable. Payment of Counsel's fees as rendered by Counsel will also be on a Speculative Fee (speculative) basis.
5. ADMINISTRATIVE FEES:
Fees will also be charged for administrative services and costs including Photocopying, Facsimile/E-mail transmissions and Telephone charges.
6. RECOVERABLE COSTS \ DEFENDANTS COSTS:
If the client wins a case, some professional fees and disbursements may be recovered from the other side. Likewise, if the client loses the case, the client may have to pay a proportion of the other side's actual professional fees and disbursements.
These will be calculated according to the Court Scale of Costs
7. CHANGE OF SOLICITOR:
The client may change Solicitor or firm at any time. If so, the client must give the Solicitor notice of the change to the Firm in writing. The Firm may charge the client for fees and disbursements incurred up to the time when notice is given to the Firm. The Firm may retain the client's file until all fees and disbursements are paid in full
or alternative arrangements for payment is agreed
.
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