” Only those who dare to fail greatly can ever achieve greatly.”

In Blog by AAHLeave a Comment

We Fight Any Claim

In 2007 we came across 2 brothers who were abandoned by a law firm in the northwest of England. The law firm in question had purchased the case from a Claims Management Company operating in the west of London.

The accident circumstances were that the 2 brothers were on a shopping trip with 2 of their friends when they were hit by a car coming out of a side road. As they were fairly new arrivals in the UK they used their social connections to contact the Claims Company in London who then referred them to the Law firm in the northwest. They eventually decided to abandon the case because they thought that the risk to them was too great in continuing.

One of the brothers was driving the car and the other was a front seat passenger. When we took over the file, the previous law firm had already obtained a medical report.

We saw both the brothers in person and went through their former solicitors files. We took fresh instructions from them as to the circumstances surrounding the accident. We discovered from our review of the file that in fact the driver had an insurance policy known as “Before the Event” insurance which provides cover for legal costs following an accident. We approached them and sought their permission for the brothers to instruct us using the insurance. This meant that they did not have to enter into a No Win No Fee Agreement with us.

We then prepared the case dealing with all outstanding enquiries from the Insurers and their Solicitors. The Insurers refused to deal with the claim, but because we really do fight any claim, we took the case to the local Court.

The case was listed for trial on 2 occasions before it was finally heard last week. On the previous occasions applications were made by the Insurers to postpone the trial date so that they could gather information which would enable them to defend the claim. On the second occasion the case was listed for trial in January this year but the Court, on the day before, advised the brothers that they could not find a Judge for the Court and therefore it was adjourned.

The case was re-listed for February of this year but one of the brothers had already made arrangements to travel to Dubai and was not able to make it. We immediately made an application to postpone the Trial date, but our application was rejected.

We took the decision to carry on with both claims. However, at the trial the driver did not come across well to the court and the judge did not accept that, on the balance of probability, that the accident happened as he claimed and that it was as a result of the third parties negligence.

As a result his claim was dismissed. He was ordered to pay the other sides legal costs which would be covered by the Before the Event Insurance.

However, the Before the Event Insurance had a limit of £50,000 to cover both the other side’s legal fees as well as ours. When a case goes to court, legal fees tend to increase dramatically. Knowing that the £50,000 limit would be exhausted, we entered into a No Win No Fee Agreement with the brothers, meaning that if we did go on to lose the case, we wouldn’t get paid anything over and above the insurance limit. This shows our commitment and our philosophy that we fight any claim, and so the claim continued.

We had an experienced Barrister who to agreed to do this on a No Win No Fee basis.

Whilst we are incredibly disappointed that we lost the case, a number of factors were against us, but we continued to fight because we believed in the brother’s case. We spent over 3½ years preparing this case! We spent a lot of time, seeing the brothers on numerous occasions and taking detailed instructions from them as regard the allegations made by the other side.

We never guarantee that we will win a case at court as ultimately it depends on how witnesses perform in the witness box. This can never be guaranteed and is often known by lawyers as a litigation risk.

This case is an example of our commitment that if we are persuaded that a client has evidence to prove their claim, we will fight any claim and we go to the nth degree to make sure that it is presented to the best of their ability.

If you are concerned about how a case is being handled by another law firm, or if you are abandoned by a law firm, call us now on 0800 3899 136 to see how we can help. We have a huge amount of experience in turning around cases that other law firms were too quick to abandon.

Whilst we lost the above case it is, thankfully, a rare occurrence for this law firm!

A Hafezi

Leave a Comment