How Can I Fund a Complex Legal Claim in Northern Ireland?

The cost of pursuing a legal case can be an important concern, particularly where a matter is complex, requires expert evidence or may continue for a significant period of time.

There is no single funding arrangement that applies to every legal claim in Northern Ireland. The options available will depend on the type of case, your financial circumstances, the merits of the matter and whether another source of funding or insurance is available.

Understanding potential funding arrangements at an early stage can help you make informed decisions before significant legal costs are incurred.

What Are the Main Ways a Legal Claim Can Be Funded?

Depending on the circumstances, a legal matter may potentially be funded through:

• private payment of legal costs;
• civil legal aid;
• legal expenses insurance;
• support available through an organisation such as a trade union; or
• another funding arrangement that may be appropriate to the particular type of case.

Not every option will be available in every case. A solicitor should explain which arrangements may be relevant before you decide how to proceed.

What Is Private Funding?

Private funding means that you are responsible for paying your solicitor's legal fees and any other costs associated with the case in accordance with the terms agreed with the firm.

In a complex case, legal costs can arise at different stages. These may include the solicitor's work, barrister's fees where counsel is required, court fees and the cost of obtaining specialist or expert evidence.

The precise costs will depend on the nature of the case and the work required. A relatively straightforward matter will not necessarily involve the same level of investigation, evidence or court procedure as a substantial piece of litigation.

For this reason, it is important to understand how costs will be dealt with and when further expenditure may become necessary as the case develops.

Can I Get Legal Aid for a Civil Case in Northern Ireland?

Civil legal aid is available in Northern Ireland for certain types of legal matter, subject to the relevant eligibility requirements.

The legal aid system can provide different levels of assistance, ranging from initial legal advice to representation in court proceedings.

Eligibility is not determined solely by the type of case. Financial circumstances are considered and, where appropriate, the merits of the proposed case must also satisfy the relevant requirements.

Depending on the circumstances, civil legal aid may potentially be relevant to areas such as judicial review, family proceedings, negligence, medical negligence and personal injury.

Legal aid rules can be detailed, so eligibility should be considered on the individual facts rather than assuming that a particular type of case will automatically qualify.

Does Legal Aid Always Mean the Case Is Completely Free?

No. Being eligible for legal aid does not necessarily mean that you will never have to make a financial contribution.

The amount, if any, that a person may have to contribute can depend on their assessed financial circumstances and the particular form of civil legal services being provided.

There can also be circumstances in which rules concerning costs or property recovered or preserved during proceedings become relevant.

Your solicitor can explain the potential financial implications of legal aid in the context of your particular case.

Could My Insurance Policy Cover Legal Costs?

It is worth checking whether you already have legal expenses insurance.

Legal expenses cover can sometimes be included with or added to policies such as home or motor insurance. The types of dispute covered, financial limits and other conditions will depend on the individual policy.

Insurance policies may also contain requirements about when the insurer must be notified and whether it considers that the proposed legal action has reasonable prospects of success.

You should therefore avoid assuming that a policy provides cover simply because legal expenses insurance is mentioned in the documentation. The policy terms and the circumstances of the particular claim need to be checked.

What About Legal Expenses Insurance Taken Out After a Dispute?

Some forms of legal expenses insurance are designed to deal with legal action after a dispute has already arisen.

Whether this type of insurance is available or appropriate will depend on the case, the insurer's requirements and the risks that the policy is intended to cover.

It should not be assumed that such insurance will be available for every claim or that it will cover every legal expense.

Can a Trade Union or Other Organisation Help With Legal Costs?

Some organisations, including certain trade unions or membership bodies, may provide access to legal assistance for qualifying members.

The scope of any support will depend on the organisation's own rules, the nature of the dispute and when the relevant events occurred.

If you belong to an organisation that provides legal assistance, it may therefore be worth checking your membership benefits before funding substantial legal work privately.

Who Pays for Expert Evidence in a Complex Case?

Expert evidence can be one of the significant costs involved in complex litigation.

For example, a medical negligence claim may require independent medical opinion, while another type of dispute could require financial, technical or other specialist evidence.

Whether an expert is required, when that expert should be instructed and how the cost will be funded should be considered as part of the overall case strategy.

Not every complex case requires the same level of expert evidence, and expert costs should not be incurred simply because a case appears complicated.

Are Legal Costs Recoverable From the Other Side?

Costs can be a complicated part of litigation and the position depends on the type of proceedings, the outcome and the rules applicable to the particular case.

In some proceedings, a court may have power to make an order concerning legal costs. That does not mean a successful party will necessarily recover every pound spent on the case.

Equally, depending on the proceedings, there may be a risk that a person could become responsible for some of another party's costs.

Potential costs consequences should therefore be discussed with your solicitor rather than treating recovery of legal fees as guaranteed.

Funding Human Rights and Public Law Cases

Funding can be particularly important in cases involving decisions by public bodies, judicial review or other human rights and public law matters.

Some cases may be capable of receiving civil legal aid if the relevant requirements are met. The appropriate funding route will depend on the nature of the challenge, the client's circumstances and the legal issues involved.

Time limits can also be particularly important in public law proceedings, so funding questions should be considered alongside the need to obtain legal advice promptly.

When Should Funding Be Discussed With My Solicitor?

Funding should normally be considered near the beginning of a matter and revisited where necessary as the case develops.

P.A. Duffy & Co provides a free initial consultation. If you formally instruct the firm, costs and potential funding arrangements relevant to your circumstances will be explained as part of the retainer process and can also be discussed directly with your solicitor.

This is particularly important in a complex case because the work required can change as evidence is obtained, experts become involved or proceedings progress.

You can read more about what happens after you instruct P.A. Duffy & Co and how the firm communicates with clients throughout their case.

Planning the Cost of a Complex Legal Claim

A funding discussion should help you understand not only who may pay the legal costs, but also what expenditure may arise and why it may be necessary.

Every case is different. The funding route that is appropriate for one client or one type of litigation may not be suitable for another.

If you are considering a complex legal claim in Northern Ireland, taking advice at an early stage can help identify the legal issues, any important deadlines and the funding options that may need to be explored.

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Can I get legal aid for a complex legal claim in Northern Ireland?

Possibly. Civil legal aid is available for certain legal matters in Northern Ireland, but eligibility depends on factors including your financial circumstances, the type of case and the merits of the proposed proceedings.

Do I have to pay privately if I do not qualify for legal aid?

Not necessarily. Private funding may be one option, but it is also worth checking whether you have relevant legal expenses insurance or access to legal assistance through an organisation such as a trade union.

Can home insurance cover my legal fees?

Some home insurance policies include or offer legal expenses cover. Whether it applies will depend on the policy wording, the type of dispute and any conditions imposed by the insurer.

Will I recover my legal costs if I win?

Not automatically. The rules concerning legal costs depend on the type of proceedings and the circumstances of the case. Even where a costs order is made, it should not be assumed that every cost incurred will be recovered.

When should I ask my solicitor about funding?

Funding should ideally be discussed at an early stage. This allows you and your solicitor to identify the potential options, understand how costs may arise and consider funding alongside the wider strategy for the case.