BridgeMcFarlandSolicitors

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Bridge McFarland can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Chris Gresswell-Green
Senior Solicitor
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Janet Wilson
Senior Conveyancing Executive
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Rob Ripley
Partner
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Lee Whiting
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Lisa Moore
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Ian Sprakes
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Leanne Keating
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Rob Ripley
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Mike Wilson
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Chris Hubbard
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Jacqui Johnson
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Funding Commercial Disputes

Bridge McFarland Solicitors provide an integrated package of funding solutions for your own legal costs and disbursements (such as court fees and expert fees) and insurance against the risk of having to pay your opponent's costs.

Home » Business Law » Dispute Resolution » Funding Commercial Disputes
“In respect of my successful outcome re: Potential Clinical Negligence Claim I would like to say how pleased I was with the professionalism of Chris Gresswell-Green and the team at Bridge McFarland who did their utmost to secure a good result on my behalf. I was satisfied with the outcome and happy with the fast response securing a payment on my behalf. I would have no reservations about using Bridge McFarland in the future should I ever need to and will certainly recommend them to any friends and acquaintances in the future.”
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Our team of dispute resolution lawyers offer a range of innovative and flexible funding options.

See the link to our 'Litigation Funding' brochure below.

Litigation can be lengthy, with cases taking months, or even years, to complete. This can put financial strain on businesses and individuals paying legal fees throughout the process.

The good news is that Bridge McFarland Solicitors can provide an integrated package of funding solutions for your legal costs and disbursements (such as court fees and expert fees) and insurance against the risk of having to pay your opponent’s costs. You simply choose what is best for you.

Hourly rate retainer - You pay an hourly rate, whether you win or lose. You pay for each lawyer working on your case, which reflects the seniority and experience of the lawyer and the nature of the case.

Fixed fee - An agreed fee for a particular item or stage of work.

Conditional fee (or ‘no win, no fee’) agreement (CFA) - If you lose the claim, you don’t pay any fees to us. You do pay disbursements (or expenses) such as court fees and expert fees, but these can be covered by insurance. If you win, you pay our fees at our normal hourly rates, plus a fixed success fee. You will also pay disbursements, VAT and any insurance premium. You will usually be able to recover some of our fees and disbursements (but not the success fee or any insurance premium) from your opponent.

Discount rate (or ‘no win, low fee’) agreement (DFA) - You pay our fees at agreed discounted hourly rates (of up to 50%) and disbursements. If you lose the claim, you only pay our fees at the discounted rates. If you win, you pay the difference between the discounted rates and our normal rates, plus a (usually smaller) success fee. You also pay disbursements, VAT and any ATE premium. You may be able to recover some of our fees (at the normal rates) and disbursements (but not the success fee or any ATE premium) from the other party.

After-the-event (ATE) legal expenses insurance - Insurance against the risk of having to payyour opponent's legal fees, if you lose your claim. It also covers your disbursements (including court fees and expert fees). The ATE premium is paid at the end of the claim as a percentage of damages and is self-insuring (meaning you only pay it if you win). The ATE premium cannot be recovered from your opponent.

Disbursement funding - Funding for disbursements (or expenses), such as court fees (which can be high) and expert fees. A funding arrangement is provided by a third party by way of a loan agreement. Interest is charged and the loan is only repayable at the end of the claim. The loan and interest are covered by ATE insurance meaning there is nothing to pay if you lose. Disbursement funding is only available when ATE insurance is taken.

Damages based agreements (DBAs) - If your claim succeeds, you pay us an agreed percentage of any sum recovered from your opponent. If your claim fails, you do not pay any fees to us (but you will have to pay disbursements). ATE insurance can be taken in conjunction with this method of funding.

Third party funding - A third party financial provider funds your claim in return for payment if the claim is successful

To arrange a consultation or speak to one of our lawyers, please call 01482 320620 and ask for Rob Ripley or Mike Wilson.
Alternatively, click here to enquire online.

Please note that the availability and suitability of these funding solutions (and the terms upon which we enter into them) will depend upon our assessment of the strength of your case, it's value and your opponent's financial position.

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Rob Ripley
Partner

T: 01482 320 620

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Mike Wilson
Partner

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Fiona McClelland
Assistant Solicitor

T: 01522 518 888

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Lydia Hamnett
Partner

T: 01472 311 711

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Amelia Anderson-Jane
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Amelia Anderson-Jane
Legal Assistant

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View All FAQs
FAQs
How do fixed fees work?
We may agree to charge a fixed fee for a particular piece of work. The fee will usually be based on how much work we estimate will be involved. You will not be able to recover any more than the fixed fee from your opponent. Fixed fees are usually most appropriate for particular types of work or for stages in a case rather than for an entire claim. We routinely offer fixed fees for debt recovery and enforcement work and in relation to insolvency proceedings and procedures, but we will consider and discuss fixed fees in many other situations.
How does after-the-event (ATE) insurance work?
After-the-event (ATE) legal expenses insurance can be used in conjunction with an hourly rate retainer, fixed fee, CFA, DFA or DBA to protect against the risk of having to pay the other party’s costs, and your own disbursements (or expenses), if you lose the claim. The ATE policy premium is self-insuring meaning it is only payable if you win - if you lose you do not pay anything. The premium payable if you win is based on a percentage of damages and is stepped to increase at certain stages in the claim. You cannot recover the ATE premium from the other party even if you win, so it effectively reduces any recovery of damages if you win. Our relationship with a leading ATE insurer enables us to place clients on ATE insurance cover for commercial disputes without the need for expensive, time consuming and often unsuccessful applications to the insurers themselves.
How does an hourly rate retainer work?
At the outset of a case we agree an hourly rate for each lawyer working on the case. This will depend on the seniority and experience of the lawyer and the nature of the case. We then record time for any work we carry out on the case and send you a bill for our fees based on that time at regular intervals during or at the end of the case. Our charges will be the same whatever the outcome of the case. We will always provide you with the best possible estimate of any costs to be incurred in a case at the outset and throughout the case. In order to enable you to budget for those costs and make informed decisions about how to proceed at each stage, we will send regular interim bills during the case and update our costs estimates whenever necessary. In addition to our fees, you may have to pay disbursements (or expenses) such as such as court fees, expert fees and counsel’s fees.
How does a discounted fee agreement (DFA) work?
A DFA is a type of conditional fee agreement and works in a similar way, except that you pay a discounted hourly rate during the case and, if you win, you pay the difference between the discounted hourly rates and our usual hourly rates plus a success fee. If you lose, you only pay at the discounted rates. It therefore sits somewhere between a full CFA and an hourly rate retainer and is sometimes referred to as a “no win, low fee” agreement.
How does a damages based agreement (DBA) work?
A DBA is a form of conditional fee agreement, whereby we agree to share the risk in the case in return for a share of any damages recovered. If you win the claim, you pay to us a percentage of any damages awarded to you, but if you lose, you will not pay anything to us for our costs. You may still be liable for your opponent’s costs however. Our share of any damages (the contingency fee) will depend on our assessment of the merits, risk and value in the case but cannot be more than 50% of the sums ultimately recovered by you. This includes counsel’s fees but excludes expenses such as court fees or expert’s fees which will be charged in addition. If you win, you will usually be entitled to recover your legal costs from your opponent in the way described above for hourly rate retainers. Those costs will be assessed by the court on an hourly rate basis and you will be liable to pay to us any difference between the costs recovered from your opponent and the contingency fee and expenses. The amount recoverable from your opponent will be capped at the amount of the contingency fee. If you lose the case, you will not pay anything to us for our costs, but will still be liable for any expenses. You may also be ordered to pay your opponent’s legal costs. You may be able to take out after the event (ATE) legal expenses insurance against this risk.
How does a conditional fee agreement (CFA) work?
A CFA is a risk-sharing arrangement whereby we agree to take a share of the risk in the claim. A full CFA or “no win, no fee” agreement is where, if you lose claim, you will not pay anything to us for our costs. If you win, you pay to us our fees on an hourly rate basis plus a success fee. The success fee is a percentage of our fees based on hourly rates. The level of the success fee will depend on all of the risk factors in the case including our assessment of the merits and the prospects of success on your claim. If you win, you will usually be entitled to recover costs from your opponent, but the success fee is not recoverable from your opponent. You will be liable to pay to us any difference between the costs recovered from your opponent and the costs payable under the CFA including the success fee. If you lose, you will not pay anything to us for our costs, but will still be liable for any expenses, but you may be able to take out after-the-event (ATE) legal expenses insurance against this risk.
How does disbursement funding work?
Payment of court fees and other disbursements can be funded by a disbursement funding arrangement with a third party provided by way of a loan agreement. Simple interest is charged and only repayable at the end of a successful case. The loan and interest are backed by ATE insurance meaning there is nothing to pay if you lose the claim. Our relationship with a leading provider enables us to issue credit agreements to our clients directly.
What is Third Party Funding?
Third-party funding (or “litigation finance”) involves a third-party with no prior connection to the dispute, usually a specialist finance company, agreeing to finance all or part of the legal costs of the case in return for a share of any monies recovered. This form of funding can be used in conjunction with CFAs, DBAs and ATE (or before-the-event) legal expenses insurance cover. Third-party funding is a relatively new funding model and is generally only appropriate in higher-value cases, but is widely expected to become an increasingly common over the next few years. We have relationships with leading litigation finance providers and can obtain third-party funding in appropriate cases.

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