
Below, "You" means a client of HWSL who instructs HWSL to make a claim justiciable in the Courts of England or Wales for personal injury and or other losses which if successful is likely to exceed the small claims limit being as a result of an RTA; "HWSL" means Hughes Walker Solicitors Ltd
1. Our No Win No Fee promise is dependent upon:
a) Your continuing to instruct HWSL to act for you. If you decide to transfer your case to alternative solicitors, you may then be asked to pay the fees and disbursements incurred with HWSL up to the date that HWSL cease to act for you.
b) Your cooperating with HWSL so as to enable them to deal with your case. This includes giving them prompt instructions when requested. You must give honest and truthful instructions and you must not mislead HWSL or withhold relevant information. You must not ask HWSL to do anything that would be improper. You must make all reasonable efforts to attend any medical examination, Court hearing or other appointments if so requested. If you do not comply with these obligations, you may cease to be eligible for representation by HWSL and you may be asked to pay the fees and disbursements incurred by HWSL on your behalf.
c) Your case must have and continue to have reasonable prospects of success (for which purpose success means obtaining compensation in excess of the small claims limit as may be applicable from time to time). Where HWSL accept your instructions but subsequently it appears that the claim no longer has reasonable prospects of success as defined in this sub-clause (sub-clause 1(c) ) there will be no personal cost to you in the event that you abandon or withdraw the claim or cease to instruct HWSL provided that you do so on the advice of and with the agreement or HWSL (and any relevant insurers) and also provided that you have complied with all the other obligations set out under these terms and conditions.
d) You must follow any professional advice given to you by HWSL and any counsel instructed thereby about making or accepting any offer to settle the claim or any issue in relation to it (there are arrangements to instruct an independent barrister in the event that you do not accept the advice of HWSL about making or accepting relevant offers).
2. HWSL will in normal circumstances take out on your behalf legal expenses insurance cover which in the event that your claim is not successful will, subject to the policy terms and conditions, cover your liability to pay the other side’s legal costs and any disbursements incurred by HWSL in pursuing your claim, but whether you win or lose, HWSL will indemnify the liability for this premium provided you comply with the above obligations, you will not be asked to sign any credit agreement and you will not be asked to take out any loans or incur interest or other credit charges. Win or lose, provided you have complied with your above obligations HWSL will indemnify any cost to you in respect of this insurance and nothing will be deducted in respect thereof out of any compensation award. The insurance is of course taken out for your protection but it will not be taken out unnecessarily eg if you already have suitable legal protection arrangements with an insurer, trades union or other membership organisation.
3. Subject to the foregoing, HWSL's promise to you is that you will receive 100 percent of your compensation award without any deduction.