Sentences with phrase «claimants of an adverse costs»

Not exact matches

Some claimants can not afford their own / adverse cost risks; others have the financial capacity to do so, but choose to offset a part of the risk to free up resources for use elsewhere.

They can also run the risk of an adverse costs ruling and protracted litigation in the knowledge that, even if the claimant is able to commence the claim, their resources are likely to be finite and the pressure to agree to a settlement for less will therefore increase with time.

Funding must work to protect claimants from the risk of escalating costs or adverse results — and must ultimately facilitate the smoothest pursuit of justice.

It was submitted by the receiving party that, regardless of the lack of advice on the Simmons uplift, the loss of the 10 % increase in general damages which the claimant would receive if funded publically was greatly outweighed by the protection from adverse costs and the lack of statutory charge offered by a CFA Lite.

Under the Code, litigation funders are required to give assurances to claimants that, among other things, the litigation funder will not try to take control of the litigation, the litigation funder has the money to pay for the costs of the funded litigation and the litigation funder will not terminate funding absent a material adverse development.

Costs — How much will the Claimant's costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt Costs — How much will the Claimant's costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt costs risk be dealt with?

Further, the claimants are not people that can afford risking everything against the possibility of adverse costs.

The letter made two key points: first, that a public funding certificate provided a measure of protection against adverse costs and second, that once the case had been allocated to the fast track, the claimant should seek public funding.