Explanation of words used
(a) Advocacy
Appearing for you at court hearings.
(b) Basic charges
Our charges for the legal work we do on your claim for damages as set out in Schedule 2.
(c) Claim
Your demand for damages for personal injury whether or not court proceedings are issued.
(d) Counterclaim
A claim that your opponent makes against you in response to your claim.
(e) Damages
Money that you win whether by a court decision or settlement.
(f) Our expenses and disbursements
Payments we make on your behalf such as:
- court fees;
- experts’ fees;
- accident report fees;
- travelling expenses.
(g) Interim damages
Money that a court says your opponent must pay or your opponent agrees to pay while waiting for a settlement or the court’s final decision.
(h) Interim hearing
A court hearing that is not final.
(i) Lien
Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. A lien may be applied after this agreement ends.
(j) Lose
The court has dismissed your claim or you have stopped it on our advice.
(k) Formal Offer to Settle
An offer to settle your claim made in accordance with Part 36 of the Civil Procedure Rules.
(l) Provisional damages
Money that a court says your opponent must pay or your opponent agrees to pay, on the basis that you will be able to go back to court at a future date for further damages if:
- you develop a serious disease; or
- your condition deteriorates;
in a way that has been proved or admitted to be linked to your personal injury claim.
(m) Qualified One-Way Cost Shifting
The rules in respect of costs payable if you lose a personal injury claim set out in Part 44 Section II of the Civil Procedure Rules.
(n) Success fee
The percentage of basic charges that we add to your bill if you win your claim for damages.
(o) Trial
The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.
(p) Win
Your claim for damages is finally decided in your favour, whether by a court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing the claim.
‘Finally’ means that your opponent:
- is not allowed to appeal against the court decision; or
- has not appealed in time; or
- has lost any appeal.
- this includes a where the Court has dismissed your claim or you have stopped in on our advice and/or discontinued the claim BUT the Court make an award of costs in your favour. In these circumstances we are entitled to payment of those costs in any event
