1. The terms of the retainer agreed between us and our client is based upon either a Collective Conditional Fee Agreement (“CCFA”) within the ambit and meaning of rule 44.1(3) of the Civil Procedure Rules 1998 or a Damages Based Agreement within the ambit and meaning of the Damages Based Agreements Regulations 2013 wherein the Advocacy and Litigation Services provided to the Client are payable on the basis that the Client is only liable to us for its fees and expenses to the extent that sums are recovered in respect of the proceedings whether by way of costs, compensation or otherwise at a percentage of such sums recovered as is stipulated within the terms of the CCFA or DBA at the rate up to a maximum of 50% inclusive of VAT.
2. The CCFA and DBA contains the terms and conditions upon which we agree to act on behalf of the Client on a contingency basis, so that we will be paid the agreed percentage of the Client’s financial benefit from a case if the case is concluded with the recovery to the Client of a financial benefit or settled upon terms which include the payment to the Client of that financial benefit either prior to or following the issue of Court proceedings and we will receive nothing if no financial benefit is recovered.
3. The Services that we provide will comprise the following (what is not covered by the CCFA or DBA is any appeal the Client or Opposing Party may make).
- Pre-action correspondence.
- The Drafting of and the issue and service of a County Court Claim Form in accordance with the 2017 Pre-Action Protocol For Debt Claims of England & Wales which came into force on the 1st October 2017 and including the payment of any disbursements required.
- Liaising with the Court, Client, and Defendant up to and including the receipt of any Defence and thereafter, if necessary conducting proceedings until settlement or judgement is obtained.
- Where judgment is obtained, writing a further pre-enforcement letter of demand and thereafter taking steps necessary to enforce the judgement.
4. The General Terms and Conditions for the Supply of our Legal Services are set out in Annex A of the CCFA and DBA and are incorporated into the CCFA and DBA save where inconsistent with the terms of the CCFA or DBA in which event the terms of the CCFA or DBA shall prevail.