Albert Camus
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Litigation Funding

Litigation Funding

I have a claim of circa £900k to make against my former partners, but no money to take this claim forward. I have been offered a litigation funding agreement, but am not entirely comfortable with it. Does anyone in the community have any suggestions of providers of litigation funding.

Albert Camus

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18th Nov 2010 12:32

You already know this, but . . .

Part of the problem is that you may well need an expert witness to assist you in the litigation.

Expert witnesses are intended to be not only expert in their chosen field and knowledgeable about relevant law, court procedure, and the role of the expert witness in litigation - but also impartial and objective.  In that connection they are prevented from acting on a contingency fee basis (because that would give them a financial interest in the outcome of the case).

In this respect they are unlike lawyers who have no problem in 'taking your side' and are not required to be impartial (far from it!).  So the lawyers can work on a contingency fee basis but the expert cannot.

So you need funding to get your case off the ground.  As I said you already know that (but other readers amd potential posters on this thread may not).

I only do criminal work (normally on instructions from the defence and funded by legal aid - but occasionally on instructions of the prosecution, for which they pay me themselves).  So I cannot help you.

I hope you find an acceptable way forward.

David

www.AccountingEvidence.com

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18th Nov 2010 12:56

Hi Albert

I can recommend Mark Andrews of Maxima LLP in Victoria Square, Birmingham - 0870 754 2001.

I know you have been through the mill with this one so good luck!

 

Gareth Hughes

The Hughes Partnership | Accountants Birmingham

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18th Nov 2010 14:29

Forget legal aid

The government in its "wisdom" has decided to severly cut legal aid, particularly with regard to civil work. Indeed the courts will soon be full of people pursuing cases on their own so the courts will soon have no choice but to become used to unrepresented litigants.

As an aside, don't get charged with a summary only offence in future because the chances of anyone getting legal aid for a defence in the magistrates courts are about to become zero. Personally I consider this move by the government an absolute outrage as it is, in my view, going to simply result in thousands of miscarriages of justice. Indeed, the vhances of obtaining anything even resembling justice from a bunch of lame-brained amateurs called magistrates have always been unlikely and the entire magistrates system has no place in a decemt judicial system. 

Getting back to your case and the few details I have gleaned about it, you should have little trouble finding funding, but, as David points out, paying for an expert witness may be your biggest financial hurdle.  You can be sure that your ex partners will know this and will, no doubt, try to use the disparity in resources to frustrate your attempts to obtain justice. 

  

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18th Nov 2010 16:55

Thank yo for your replies

Thank you for your replies.

My understanding of litigation funding- and certainly the contract I have been presented with - removes the expert witness problem.

The funder is a 3rd party to the solicitor and myself. The funder is paying the solicitor, barrister, expert witness at their usual hourly rate. The funder is taking the commercial risk. If the case wins, they get a percentage of the settlement. If the case is lost, they lose their money. Either way, all of the professional team get paid and as such have no financial stake in the case other than their usual fee note bad debt risk.

Albert Camus

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18th Nov 2010 18:25

Albert - I suspect that is probably the best deal you are going to get.   It depends I suppose on how big a slice of the cake they want if (when) you win, but half a cake now is, I suspect better than a whole cake in 10 years time.

The one thing you need to do is make sure that should, (as I suspect might be the case from what you have previously said)  you need to sue the Institute as a co defendant, then that too is covered by the arrangement.

Whatever you do I hope you're succesful, but, be warned that you are in for a long haul. I'd be amazed if you actually get it to trial inside 2 years.

 

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20th Nov 2010 19:08

C_D an interesting take on legal aid cuts

the legal aid budget is far to high - we need to find better ways of proceeding

aftrer you comments re child benefits tax credits working family creditswith which i agree i would be surpised if you would want the taxpayer to contribute to say legal aid for divorce costs of said same couple 

when there is so much legal aid available people tend to want their day in court rather than use an alternative

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20th Nov 2010 22:39

Legal Aid Cuts - or do you mean Justice only for the rich?

the legal aid budget is far to high - we need to find better ways of proceeding

 

Posted by carnmores on Sat, 20/11/2010 - 19:08

 

What I dont want to see is a return to the time when only the rich could afford justice.

I've taken on probably hundreds of pro-bono cases, indeed I do little else now that the money is not an issue, and I've seen a lot of injustce, mainly in the  Magistrates Courts (kangaroo courts) where vulnerable people are often unrepresented and face often highly biased magistrates who really have no right sitting in judgement on others.

I've also seen the American system of INjustice where the rich can buy the best advocates, and the poor are left with 3rd rate court appointed hacks. This even happens in death penalty cases and many innocent people have been executed because they lacked the funds to buy decent representation.

Do we, as an allegedly civilised country, want to go down that road?  

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21st Nov 2010 12:58

CD I believe we are already there...

...Justice in this country is already about how much money you have.

In my specific case I was told that I had a strong case against the ICAEW for disability discrimination and if I would just write a cheque for £50,000 - to start with - I could progress that case through the Court.

Given my circumstances and the fact that the maximum compensation I could receive for a discrimination case was going to be less than the fees paid I have had to let it go. (And before anyone asks, I tried hard to get the various mental health charities and known law firms that takes hearts and minds cases for free to take me on, but because of the limited appeal of my cause and the semi public / semi private nature of the ICAEW no one wanted to get involved).

If I won the Euromillions next week (£38,000,000 double rollover) I am certain that I could utterly destroy the ICAEW for what they have done to me by employing a team of the finest advocates in the country, but until then, I have to live with injustice everyday when I get up at 0430 to go to a national retailer and lift boxes for a living.

Albert Camus

 

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21st Nov 2010 12:58

no we dont i agree

but the legal aid bill is too big as is the cost of  tax credits etc something you have commented on before - i commend you on your pro bono work i hope we all do some  of that but judging from some of the threads on AWEb there are some very tight accountants about. bugger all is free in this life , air perhaps, certainly not food and water so thats the way it is - we do have an increasing amount of CFAs i used one recently.

but getting back to the point society has to decide what should be covered by legal aid and what should not - the more things that can be covered my legal aid the more people will want their day in court.

in this thread i simply dont have enough information to make any sort of judgement though the claim is very large by my standards at least and maybe there is a case for a separate funding pot for such cases that is run on self funding lines

i always remember the comments of one learned judge who before he went into court said 'lets dispense justice and if we cant do that lets dispense the law'

enjoy your contributions as always

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22nd Feb 2011 22:43

Litigation Funding

Hi Albert,

I only have good things to say about Maxima and The Judge are also very good at brokering Litigation funding however if you are still looking for help in this matter, then MyAccess2Justice can also assist you, as we specialise in all ways to reduce risk in litigation whether with litigation funding or not.

If you still require help then feel free to contact [email protected] or call 0844 9105420.

If you have resolved this matter then I wish you the best of luck with it.

 

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