Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Default Re: Supermarket -oap slipped on food - injury claim?

    Thats a big help. Thanks honeybee. Will do!!


  2. #42
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    Default Re: Supermarket -oap slipped on food - injury claim?

    what about the Health & Safety Executive? anybody know if an idea


    Ways to contact HSE
    www.hse.gov.uk › Contact HSE

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  3. #43
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    Default Re: Supermarket -oap slipped on food - injury claim?

    thanks.
    Will follow up on Monday


  4. #44
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    Default Re: Supermarket -oap slipped on food - injury claim?

    Can someone advise on what type of service to go for?
    Checked some lawyers and they operate a 'no win / no fee' basis. I assume that they take a big cut of any settlement??
    What is the best route to take?
    A lawyer prepared to litigate because you have a strong case and if you win, they don't take a cut of the settlement?
    No idea, just asking.


  5. #45
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    Default Re: Supermarket -oap slipped on food - injury claim?

    Whichever you decide on, you'll need to speak to several lawyers to see if you think you can work with them. They should offer to speak to you on the phone or give you an initial free meeting.


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  6. #46
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    Default Re: Supermarket -oap slipped on food - injury claim?

    will assess a selection of lawyers next week. But I dont like the thought of the no win no fee model. I need to assess the alternatives and associated costs though


  7. #47
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    Quote Originally Posted by HP Mum View Post
    Can someone advise on what type of service to go for?
    Checked some lawyers and they operate a 'no win / no fee' basis. I assume that they take a big cut of any settlement??
    What is the best route to take?
    A lawyer prepared to litigate because you have a strong case and if you win, they don't take a cut of the settlement?
    No idea, just asking.
    You can after to pay their fees (win or lose!) or go for “no win, no fee”
    No win no fee is commonly a CFA: Conditional Fee Agreement, but (less commonly) can be a DBA (Damages based agreement)

    The solicitor should explain the funding options (as well as checking you don’t already have eg legal expenses insurance!), and explain the fee capping (up to 25%, but of certain types of the damaged sought)

    https://www.lawsociety.org.uk/support-services/documents/amended-model-conditional-fee-agreement/

    https://www.legalombudsman.org.uk/publications/no-win-no-fee/report.html highlights how “no win, no fee” can offer access to representation that might not otherwise be available, but it is important to have the potential costs explained, in particular : ask about “disbursement’s”!


  8. #48
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    Quote Originally Posted by HP Mum View Post
    will assess a selection of lawyers next week. But I dont like the thought of the no win no fee model. I need to assess the alternatives and associated costs though
    You can chose “Pay As You Go”. You’ll have to pay fees though, and that will be “win or lose”, not “no win, no fee”
    If you win you’ll get most (not all, usually!) of your fees back.
    If you lose you get to be liable for your lawyers fee & the other side’s (unless it is small claimsicon track!)


  9. #49
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    Default Re: Supermarket -oap slipped on food - injury claim?

    thank you bazza
    I was just researching 'legal expenses' insurance cover !!!
    I need to ask relative if they had legal expenses cover on car or home insuranceicon policies. If so, do I assume that the insurance company covers the cost of litigation? Rather than appointing a no win, no fee firm?


  10. #50
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    Quote Originally Posted by HP Mum View Post
    thank you bazza
    I was just researching 'legal expenses' insurance cover !!!
    I need to ask relative if they had legal expenses cover on car or home insuranceicon policies. If so, do I assume that the insurance company covers the cost of litigation? Rather than appointing a no win, no fee firm?
    If your relative has Before The Event (BTE) insurance cover they should contact their insurers.
    CFA/DBA’s invariably involve (more costly!) After The Event (ATE) insurance, and the solicitors should be checking there isn’t BTE cover before accepting instruction!


  11. #51
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    Quote Originally Posted by HP Mum View Post
    Can someone advise on what type of service to go for?
    Checked some lawyers and they operate a 'no win / no fee' basis. I assume that they take a big cut of any settlement??
    What is the best route to take?
    A lawyer prepared to litigate because you have a strong case and if you win, they don't take a cut of the settlement?
    No idea, just asking.

    You will find it almost impossible these days to find a PI solicitor who won't want to deduct 25-30% from the damages, especially for a fairly modest Fast Track claim like this, as it's simply isn't commercially viable to not deduct anything!

    Paying on a private basis would be foolish too for the size of the claim.

    Check the BTE insurance situation, but the case will be passed to one of a panel of solicitors the insurance company insist on using so there is very little choice.

    Thank the Tory government for this situation but it's here to stay sadly.


  12. #52
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    Quote Originally Posted by BazzaS View Post
    You can chose “Pay As You Go”. You’ll have to pay fees though, and that will be “win or lose”, not “no win, no fee”
    If you win you’ll get most (not all, usually!) of your fees back.

    If you lose you get to be liable for your lawyers fee & the other side’s (unless it is small claimsicon track!)
    Nope, not anymore as the fixed costs recoverable from the Defendant are fairly low now.

    As for the other side's costs if you lose, the Claimant will be covered by QOCS (Qualified One Way Costs Shifting) so unless there is some finding of fundamental dishonesty on the Claimant's part there shouldn't be any costs to pay (Not including possible indemnity costs for failing to beat a part 36icon offer etc).


  13. #53
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    Quote Originally Posted by Ganymede View Post
    Nope, not anymore as the fixed costs recoverable from the Defendant are fairly low now.

    As for the other side's costs if you lose, the Claimant will be covered by QOCS (Qualified One Way Costs Shifting) so unless there is some finding of fundamental dishonesty on the Claimant's part there shouldn't be any costs to pay (Not including possible indemnity costs for failing to beat a part 36icon offer etc).
    My mistake, I thought QOCS applied only to claims covered by ATE insurance (as a result of the loss of recoverability of the ATE premium), but you are correct, it applies (by use of variable enforceability) even for “PAYG” claims... (absent fundamental dishonesty or falling foul of a part 36 offer, as you have noted)


  14. #54
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    Default Re: Supermarket -oap slipped on food - injury claim?

    Hi there.

    A claim founded on injury to the menisci of the knee is absolutely something you should involve a solicitor for - you may end up looking at an award of damages in the region of £8k to £12k depending on severity and prognosis. It is a very serious injury indeed. Accordingly, the claim will fall to either the fast track or the multi-track, and solicitors costs will be recoverable.

    Any reputable personal injury solicitor would be happy to take this sort of case on - it sounds a strong one from what you have said thus far. Do a Google search for Ward v Tesco Stores Ltd (1976) for the relevant authority on this type of claim.

    As has been mentioned many solicitors will want to take a success fee of up to 25% of damages from you. There are however firms out there that do not charge a success fee, thus entitling your relative to keep all damages.

    JJ

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  15. #55
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    Quote Originally Posted by jobbingjogger View Post
    As has been mentioned many solicitors will want to take a success fee of up to 25% of damages from you. There are however firms out there that do not charge a success fee, thus entitling your relative to keep all damages.

    JJ
    How do they make a profit if they are taking the risk (even the strongest of cases has a degree of ‘litigation risk’) but not charging for doing so?



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