Funding and Costs of Litigation

Litigation can be a complex and time consuming process and it is therefore important to consider the costs of litigation and how to fund these at the very outset. In particular as it may be difficult to get out of the process, once proceedings have been commenced.

We will give you an overview of the likely overall costs of litigation , before proceedings are started and provide estimates of costs at every stage. However estimates are never intended to be fixed, unless we expressly agree fixed costs with you, due to the unpredictable nature of litigation, so a degree of flexibility is always required.

Whilst as a general rule you can expect to recover a proportion of your legal costs if you successfully bring or defend a claim, you will usually only make this recovery at the end of the litigation process and as such you need to consider how you fund your case as it progresses. This general rule means of course also that if you are unsuccessful, you will be required to make a significant contribution towards your opponent’s costs, in addition to your own costs. Legal cost of litigation consist of solicitors' fees, disbursements (such as barristers’ fees, court fees, fees of expert witnesses, travel expenses and photocopying costs), and fees related to mediation and arbitration.

Finally, before deciding to embark on litigation, you should consider your own costs of litigation by reference to time spent by you (or your employees) in dealing with our requests for information, time spent on the phone and in meetings with us, barristers and expert witnesses (as appropriate) and attending any court hearings. In addition, the emotional cost that some litigation brings should not be underestimated.

Funding and Costs of Litigation Guide 

Click​ here to view our guide to how your dispute can be funded.

Includes full details on all potential methods of funding.

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Our Team