Changes to the Legal Aid, Sentencing and Punishment Act Will Shift Costs to Claimants, Reports Dewar Hogan

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Costs in negligence claims will shift to the claimant even in successful claims.

Changes to the Legal Aid, Sentencing and Punishment Act due to come into force on 1 April 2013 will force claimants to pay the legal fees that currently the losing party has to pay.

Under the existing system, solicitors work with claimants on a no-win no-fee basis with costs being recovered from the unsuccessful negligent party if the claimant wins. These costs are paid by the negligent conveyor’s insurance policy. This system was in place to help individuals fight conveyors negligence even if they don’t have large sums of money to fight their case.

From April next year, these costs will no longer be able to be claimed from the negligent party. Instead the claimant will have to take on these costs and will have to pay out what could be huge sums of money even if they win.

Dewar Hogan, the UK’s only dedicated property law firm, is advising people that want to claim for conveyors negligence to seek legal aid before 1 April. It is also advisable to take out an insurance policy to cover any loses and costs involved in the claim.

Dewar Hogan aims to solve as many cases as possible out of court to minimise costs for all parties involved. It aims to present each case as clearly as possible emphasising the strength of its clients’ positions with the hope of negotiating until everyone is satisfied with the result and resulting in the best outcome for its clients. It can also advise on cost-protection strategies and it has connections with property litigation barristers and expert witnesses.

In addition to assisting with the main claim, Dewar Hogan can also help negotiate with third parties who may have been impacted by the conveyor’s negligence. Most people are unsure how to tackle a tangled legal web involving numerous parties, but Dewar Hogan, as a specialist property law firm, can help shed light on the situation and advise on the best course of action to solve issues quickly and amicably.

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Ron Hogan