If you are thinking about making a claim for an accident or illness that took place during your holiday, it is our experience that the best option will be a "no win no fee" funding arrangement – known as a conditional fee agreement.
The information contained on this page relates exclusively to conditional fee agreements made in respect of overseas accident and illness claims with Simpson Millar LLP.
A no win no fee agreement is an arrangement that you will make with your solicitor whereby you only have to pay legal costs if your compensation claim is successful.
What costs will I have to pay?
Your claim will be regarded as successful if you are awarded compensation. If you enter into a no win no fee agreement with the travel department at Simpson Millar LLP, success will also mean that there is an agreement by the other side to pay your legal costs as well.
That means, if you take our advice about insurance, you will keep a minimum amount of 75% of your compensation plus the cost of the insurance policy which will be between £150 and £300.
The remaining 25% of your compensation is known as a "success fee" which will be repayable to us. We explain more about the success fee below.
At the moment we are offering a promotion whereby you will keep every penny of the first £1,000 if we are successful in claiming on your behalf. For any amount over £1,000, you will have to pay a success fee which we will limit to a maximum of 25% of your compensation. This means, for example, if compensation is agreed at £4000, you will receive a total amount of £3250. We have a policy of being 100% up front about how best to fund a claim for an injury or illness suffered on holiday.
We will only take on claims if it is in the financial interests of our clients to do so – and we make sure there are no hidden loopholes in our paperwork.
In taking your claim on, we are taking a risk that we may not be paid for the work. We are therefore entitled to charge what is known as a success fee if we are successful in claiming compensation for your holiday illness or injury. It may be that the holiday company has a good defence, they may face insolvency or there has been no breach of the applicable regulatory standards.
In all these situations your claim may fail and we will not be paid. It is also unlikely that we will be able to recover all of our costs from the other side if your claim is successful. This is because the costs that we recover from the holiday company have to be in keeping with the amount of compensation you are awarded.
By charging a success fee of 25% of any compensation over £1000, we will be able to recover some of our shortfall from the tour operator and you will not have to worry about any further losses other than the insurance policy cost of up to £300.
For example, if we are able to successfully claim compensation in the sum of £4000, you will receive a minimum of £3250 - you will keep 100% of the first £1000 and a minimum of £2250 of the next £3000.
There is one final very important aspect to funding a holiday compensation claim. We highly recommend that you take out insurance so you do not have to pay the other side’s legal costs in the event if your claim being unsuccessful. If you take out our recommended insurance you will have the peace of mind that you will not be faced with a legal bill from the tour operator at the end of your claim.
Dependent on whether your claim involves an accident or illness, the cost of the insurance will be between £150 and £300.
If your claim is not successful you will not have to pay for the insurance we recommend – the premium pays for itself.
If you wish to discuss funding options in more detail or would like advice about making a claim for compensation, we suggest that you email us or call us to arrange a free telephone consultation about your claim.
In our consultation, we will let you know whether your claim has good prospects, how much your claim may be worth and how we can represent you. We can also answer any questions that you may have about your agreement with us.