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The insurance industry persuaded the Government that successful Claimants should have to pay their own success fees when instructing solicitors on a no win no fee basis, capped at 25% of damages. We on the Claimant side lobbied hard against these proposals, believing that the losing insurers should continue to pay the success fee themselves, but the Government ignored our arguments and the applicable change to the law came into effect from April 1st 2013. What this means in practical terms is that, as your success fee and unrecovered base costs will almost always exceed 25% of damages, then this is the amount that will have to be deducted from recovered damages to go towards your legal fees at the successful conclusion of your case.
General damages for Personal Injury are being increased by 10% to offset the loss to you. You are still able to instruct an experienced Personal Injury specialist litigator from our firm to fight the insurers upon your behalf, and advise you upon the appropriate level of settlement, as well as paying upon your behalf for the disbursements that you will inevitably incur when pursuing your claim, such as Medical report and Court fees.
If you instruct us on a no win no fee agreement then as long as you follow our advice and don't mislead or misinform us, you don't have to pay anything towards our own fees if you lose the case at trial. You can be held liable for the other side's legal fees however, up to a maximum of the level of damages you are awarded (which would leave you with nothing) if you refuse an offer in settlement of your claim, and that offer is the same as or more than the sum ultimately allowed by the judge at court. We strongly recommend that you take out ATE (After The Event) legal expense insurance against this risk, in the event that you don't already have full legal expense cover. The premiums tend to be reasonable if taken out at the point of instruction and are deferred to the conclusion of your claim, so there's no payment up front just a deduction from your damages.
If you do not have full legal expenses cover in place already then we would always prefer to act for you on a conditional fee basis. Other firms may offer different funding arrangements but this is our standard approach for all our clients as it allows us to provide you with a consistent high standard of service.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
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Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
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