Funding Your Case::Christian Khan Solicitors::
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Imran Khan and Partners trading as Christian Khan

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Funding Your Case

Private Client

Under this scheme we will provide you with an estimate of the total cost of your case. We can break this down and give you an estimate for the costs of each stage including both our fees and any disbursements. Disbursements are the costs we incur with other parties, for example court fees or expert fees. You will provide us with funds for all or an agreed proportion of this sum before we undertake any work on your behalf.

When we reach the agreed cost limit we will send you a detailed bill. If necessary, we will ask for additional funds before taking any further action.

If your case is a litigation matter it may be possible for you to recover these costs from your opponent if you win the case.
The Public Funding Scheme for Civil Cases

If you have a low income, you may be eligible for assistance from the Legal Services Commission to meet part or all of the cost of a case (Public Funding). This is dealt with by a government body called the Legal Services commission. This used to be called the Legal Aid Board.

We hold franchises from the Legal Services Commission for 8 of our areas of work. We have regular audits to make sure that we are meeting their high standards in respect of our legal advice and financial controls.

We also hold a contract with the Legal Services Commission to provide at least 10 hours of legal advice to people who receive either benefits or who are on a low income. This is called the Legal Help Scheme and used to be called the Green Form scheme.

Please bring your income support book to your first meeting with our solicitors.

Eligibility for any form of public funding is also subject to a maximum disposable capital of £3,000. If the market value of your home exceeds £100,000 after allowing for any outstanding mortgage, the value will be taken into account as capital.

We can act on a legal aid basis in cases in the following categories:
  • Actions against the police
  • Clinical Negligence
  • Crime
  • Personal Injury
  • Public Law
 
The Public Funding Scheme for Criminal Cases

You may need advice on a criminal matter in a number of different ways, from emergency advice in the police station all the way to representation at trial in the Magistrates Court, the Crown Court or the Court of Appeal. You may also need one-off advice.

Public Funding may be available in all these instances, but the criteria for eligibility is different, depending on the particular circumstances.

If you are arrested and detained in a police station, you are entitled to free, non-means tested legal aid for advice and assistance in the police station. We offer a 24 hour emergency service for clients in this position available on 07659 105246.

If you are subsequently charged and face trial, you may be entitled to legal aid, depending on "means and merits" - that is, depending on your financial circumstances, and the seriousness of the charges that you face.

The calculations on entitlement to criminal legal aid are complicated, and, if you satisfy the "merits" test, you may be granted legal aid with no contribution, a weekly contribution from your income or a contribution from your capital. If the value of your home is more than £100,000 after allowing for any outstanding mortgage, the excess will be taken into account as capital. We will assess your means, and advise you on your eligibility when you instruct us.

If you need "one-off" criminal advice, you may be eligible under the Legal Advice and Assistance Scheme. You need to be in receipt of most (though not all) benefits, or your weekly disposable income, after allowances for dependants, tax and NI, should not exceed £89 pw.

 
Conditional fees

In cases where there is a money claim, it is possible to enter into a Conditional Fee Arrangement with us. This means that we undertake to represent you on a "no win - no fee" basis. With a Conditional Fee Arrangement, you agree to pay us an additional fee if we are successful. This additional fee, "the success fee", varies from case to case dependent upon our assessment of how likely you are to win and the length of time the case is likely to take to resolve. This additional fee will never be more than 100% of our basic costs. If you win your case we will recover the costs from the Defendant or their insurers.

We commonly use this scheme for personal injury claims.

If the case is lost you will not be responsible for any of our fees but you are likely to be responsible for paying your opponent's costs and disbursements incurred. We always recommend clients insure against this eventuality and will assist you to find the right policy. We work closely with our selected insurers to find the right policy for you.

We assess whether or not take on cases on a Conditional Fee Arrangement on a case by case basis. Your case is put to a panel of at least 3 of our solicitors who decide whether we can take on your case.

 
Legal expenses Insurance

Many household and motor insurance policies include cover for legal expenses. You may find that legal expenses is an item which is given to you with your credit card facility, your mortgage or membership of an organisation such as the RAC, your trade union or a professional association.
We suggest that you check your insurance policies before your first meeting with us.

 
After the event insurance

In some types of cases it may be possible to buy "After the Event" insurance cover. This type of policy enables you to purchase cover for both our costs and your opponent's costs if your case is unsuccessful. We will assist you to find the most suitable policy.
 
Deferred Funding

In cases where cash will be realised from the sale of an asset when the case ends, such as a family home, we may agree to defer our costs until the end of the case. Your solicitor at Christian Khan will advise you if this is possible.

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