Insurance Funding

In every case we will ask you to check every insurance policy which you hold. Sometimes Legal Expenses Insurance is included. This can prove very beneficial.

We can assist you in contacting the Insurers but they will not indemnify any charges incurred before they are notified. They commonly request that you instruct "panel" solicitors (with whom they are agreed preferred rates). If you do not agree to their solicitor they do not have to indemnify you for costs incurred before court proceedings are issued. Once court proceedings are issued you have absolute choice over who you chose to instruct.

If you require an RG Litigation Funding Review today, enquire here.

Do you have to pay disbursements and what are they?

Disbursements are things which we may have to pay out to third parties to progress the litigation. The would include:

  • Court fees
  • Barristers fees
  • Experts fees
  • Travel expenses
  • Mediators fees

We cannot fund these for you, and you always have to pay disbursements (except in very limited circumstances).

In some cases we can tell you the precise cost of a disbursement - e.g. a court fee.

In some cases we cannot tell you the exact cost and can only give you an estimate - e.g. an expert's fees when we they are unsure how much work they will need to do. If we cannot tell you the precise cost, we will make detailed enquiries to ascertain the best estimate to you, and you have agreed to it. If you insist upon a fixed fee for a disbursement we will do our best to secure this, but it may reduce your options, and we will discuss with you the merits of certainty on fees against whether the best expert may not be obtained. You will make the decision.

If it is necessary to incur a disbursement, we will notify you in advance and we will send a "disbursement only" invoice for you. We will expect you to pay the invoice before we incur the disbursement.

Where we are only able to provide an estimate, we will base the invoice on that estimate. If the actual fee we will give you a credit note (so that funds can be used for future disbursements) or refund the balance. If the final fee is higher we will invoice for the balance.

In very limited circumstances, we may pay disbursements for you, but this is usually only if we have a longstanding working relationship with a client; and then only in exceptional circumstances, at our absolute discretion. The only other circumstance is where you may have insurance cover which provides for your disbursements.

In DBAs only, the word "disbursement" does not appear in the Regulations, which leads to an anomaly. This is that Counsel's Fees are not treated as a disbursement under a DBA. So in any DBA, we will clearly set out how provision is to be made for payment of counsel's fees and in every case these will not exceed the cap stated in the Regulations governing DBAs. In each case we will provide you with a list of anticipated disbursements which are likely to be needed in your case. We will provide this to you in writing.

If you require an RG Litigation Funding Review today, enquire here