Generally, in most cases that are disputed, there will be the ability for you to obtain some of the legal costs you incurred from the other side if you succeed in your case. Not all cases provide for this, so we will advise you if your case is one in which you can obtain your costs ultimately refunded to you by the losing party. Equally, if you lose a case you initiate, you could be liable to pay for the other side’s legal costs. For this reason, we aim to provide you with an opinion at the outset on the strengths and weaknesses of your case. It is also important to realise this still applies even if we (or any firm) take on a case on a ‘no win/no fee basis’. Therefore, we must carefully examine all of the issues at the outset in order to protect you as best as we can from this occurring.
For cases where you are successful and entitled to recover your legal costs from the other side, the law only allows for a recovery of approximately 60% to 80% of your legal costs in most instances. This is known as “ordinary or party/party costs”. You are therefore usually not going to recovery the “gap” fees. There are strategies which we will advise you on where you can potentially recover all of your costs, or virtually all of them, which is known as “gap” fees. There are strategies which we will advise you on where you can potentially recover all of your costs or usually all of them, which is known as “indemnity costs”. We always strive to achieve this for clients where possible.

