We will carry out a detailed and thorough review of your case in order to assess its strengths and weaknesses.
As a result, we will be in a position to decide whether the likelihood of your case succeeding makes it suitable for Advantage. Your case needs to have at least a 60% prospect of success in order to be considered for Advantage.
The early risk assessment will be carried out by a member of our highly experienced team of commercial litigators and will be based on the information and documents available to us. The assessment will comprise the following:
- forensically analysing the facts of your dispute
- collating and reviewing the essential documents
- speaking to the key witnesses you will need to prove your case and weighing up their credibility
- looking at the merits of your opponent's case and their likely resources
- assessing the likely monetary value of the claim
- agreeing the best method to solve your dispute
We will then report to you on your prospects of success and provide you with a commercial and incisive legal opinion. The report will include an estimate of your potential legal costs and the level of adverse costs you will be exposed to in the litigation.
Where we are able to act for you under Advantage, we will advise you in detail on how the funding arrangement will work in your particular circumstances as the precise details may vary from client to client.
There is a fixed fee cost at the outset for the early risk assessment exercise. The fee will vary depending on the nature and circumstances of the dispute and we will advise you what the fee will be before the risk assessment is carried out. We will not exceed this fee.
If we think your prospects are not sufficiently robust, the risks are too high or the cost / benefit analysis is not in your favour, we will tell you without you incurring any more legal costs. Where it is concluded that your position is not strong enough to be funded under Advantage, or your opponent doesn't have the means to pay if you were successful, we can of course help you to try and negotiate a swift resolution to the dispute.
To speak with a solicitor in the Dispute Resolution team click here or call us on 0800 840 4929.
