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Browell Smith & Co Residential Conveyancing

Law Society Glossary

For Yesterday, Today and Tomorrow

Explanation of words used in a Condition Fee Agreement

  1. Advocacy
    Appearing for you at court hearings.
  2. Basic charges
    Our charges for the legal work we do on your claim for damages as set out in Schedule 2.
  3. Claim
    Your demand for damages for personal injury whether or not court proceedings are issued.
  4. Counterclaim
    A claim that your opponent makes against you in response to your claim.
  5. Damages
    Money that you win whether by a court decision or settlement.
  6. Our expenses and disbursements
    Payments we make on your behalf such as:
    • court fees;
    • experts’ fees;
    • accident report fees;
    • travelling expenses.
  7. Interim damages
    Money that a court says your opponent must pay or your opponent agrees to pay while waiting for a settlement or the court’s final decision.
  8. Interim hearing
    A court hearing that is not final.
  9. Lien
    Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. A lien may be applied after this agreement ends.
  10. Lose
    The Court has dismissed your claim or you have stopped it on our advice
  11. Formal Offer to Settle
    An offer to settle your claim in accordance we with Part 36 of the Civil Procedure Rules
  12. Provisional Damages
    Money that a court says your opponent must pay or your opponent agrees to pay, on the basis that you will be able to go back to court at a future date for further damages if:
    • you develop a serious disease; or
    • your condition deteriorates;
    in a way that has been proved or admitted to be linked to your personal injury claim.
  13. Qualified One-Way Cost Shifting
    The rules in respect of costs payable if you lose a personal injury claim set out in [Part 44 Section II] of the Civil Procedure Rules.
  14. Success fee
    The percentage of basic charges that we add to your bill if you win your claim for damages
  15. Trial
    The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.
  16. Win
    Your claim for damages is finally decided in your favour, whether by a court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing the claim.
    ‘Finally’ means that your opponent:
    • is not allowed to appeal against the court decision; or
    • has not appealed in time; or
    • has lost any appeal.

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Getting in touch couldnt be easier. Our phone lines are open 24/7 and we aim to respond to all e-mail and online enquires within 4 working hours. All enquries will be dealt with by a legally qualifed person to ensure you recieve the advise you need. No middle man – no short cuts.

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  • Store your details
  • Store the accident details
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  • Store 3rd party details
  • Take detailed images of the accident scene
  • Log the location using GPS feature
  • Send your accident to Browell Smith & Co
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