FUNDING – WHAT'S INVOLVED?

At Gildeas we offer a "No Win No Fee" arrangement. But what does this mean? It means that in the event that your claim is successful then we should be able to recover most if not all of our costs from the person at fault or their insurance company. Why bother with an insurance policy?

In order to proceed with your claim Gildeas shall incur disbursements on your behalf. It is difficult to detail every disbursement because every claim is different. We incur the costs of recovering your medical records (normal costs are £50), police reports and police statements. Who is liable for these disbursements? You will be liable for those costs should you fail to win your case, fail to instruct us, change solicitors or other agents or act unreasonably. Indeed, in circumstances, that you fail to instruct us, change solicitors or other agents or act unreasonably then we shall charge you fees and all disbursements. An example of acting unreasonably is if you receive an offer of a legal document known as a Minute of Tender in settlement of your claim which we consider reasonable for you to accept but you reject that offer.

At Gildeas we carry out a thorough risk examination of your claim and will let you know of the result of that examination. That said, even if a case proceeds to court there is no guarantee that you shall be successful. It is never possible to eliminate such hazards as witnesses failing to turn up for court, or the judge or sheriff being unsympathetic to the cause.

The other advantage to you is that we have an Edinburgh office which means that we can raise court proceedings in the Court of Session and there is no Edinburgh agent fee being deducted from your claim. At times this could be a very large deduction from your settlement. At Gildeas we have the client's best interests at heart at all times and try to keep any deductions to a minimum. Clients with a legal expenses policy are referred to the terms of that policy. Often, your household insurance policy shall cover our costs so you should check the wording of that document.

In short, Gildeas have a proven track record in successfully pursing claims. We aim to win and above all do so professionally.