Call for a free consultation today

25 year anniversary banner

Selection of representative. How not to make a bad job worse.

Specialisation:  the buzz word in current legal marketing. But anyone can dub themselves a specialist and expertise is acquired, not awarded. Without doubt, there are proficient people out there, but there are also many who aren’t and their misplaced confidence and incompetence, as they practise on the hoof, can cost their clients a fortune. It’s unfortunately sometimes the case that lawyers fail to accept the limits of their abilities and eagerly accept instructions in areas where they have only a superficial knowledge.

In the new world of compensation, there’s just no room for legal refugees from other branches of the profession; ex-conveyancers or probate clerks who’ve lost their work to the high street brand names like AA and Co-op, to try their hand in areas unfamiliar to them, using the client as a learning curve.

An inexperienced lawyer simply makes a bad job worse. In the forthcoming claims landscape after the 2013 reforms have arrived, that’s an option no-one can afford. It will be more vital than ever to get it absolutely right first time.

Over the past quarter century in which we’ve been looking after the two wheeled road user, we’ve inherited more than enough supposed lost causes from other solicitors who have advised their clients that a particular case has no reasonable prospects of success, or simply given up.

Many of these have proved salvageable. Like the motorcyclist advised by a ‘specialist firm’ that his claim lacked reasonable prospects. Some time later, with an informed and experienced approach he’s £280,000 to the good and now my daughter’s Godfather. Or the permanently crippled cyclist whose solicitors abandoned her claim without obtaining a full copy of all the Police records. Now also a six-figure sum in front. Or the national legal expense insurance firm which discarded a dental negligence case because they couldn’t understand the medical evidence.

I could go on. The point is that the prospect of getting a second chance is about to become even more remote, if not impossible. The most important decision to make at the outset is choice of solicitor.

We’re all familiar with the concept of Polluter Pays when some awful environmental disaster strikes. Well, in English civil law, no longer. The Polluted at best will have to pay towards cleaning up the mess created by the wrongdoer and at worst will be priced out of any effective remedy at all.

When legal aid was abolished for personal injury claims the ministry of justice presented the legal profession with an alternative called conditional fee agreements (cfa) with after the event legal expense insurance (ate). These were intended to permit the wronged to purse redress against the wrongdoers without having to stake the ranch on the outcome. If you won, fine: damages and costs paid. Award ring fenced. 

If you lost, well, that’s life. It would not cost the claimant because the solicitor was on a cfa (no win no fee) and the ate picked up the successful opponent’s legal fees.

The successful claimant was entitled to recover, as part of the legal costs, two important elements. One was an uplift on the lawyers’ fees (called a success fee) and the other was the ate insurance premium.

Why? The success fee uplift gave the lawyers a fighting fund so they could run more challenging cases. Such as those where the victim had maybe been knocked back by an incompetent first representative. The insurance premium which removed the risk of financial ruin was recoverable because in many modest cases the premium could have wiped out a fair chunk if not all of the claimants awards so rendering the whole stressful process nonsensical.

From April 2013 the wronged, the victim, the polluted, will be unable to recover either a success fee from the wrongdoer’s insurers or the ate premium. Instead, those costs will have to come out of the damages pot. Result: uneconomic to pursue many claims, the victim injured due to another’s negligence, is uncompensated.

Start off with a representative who’s not 100{9b4a2c8832b2482ca7eb937f6bfa363e1f3f7cb05e1b42927da41c9eadde8c32} up to speed with the job, who bottles half way and there’s not going to be any chance of picking up the pieces for a second bite. How so?

It’s all down to the cost of insuring against losing. No-one of average means can afford to pay the successful opponent’s legal costs, at least not if they want to keep their roof. If an incompetent solicitor cannot demonstrate to the ate insurer that a case has reasonable prospects, then that insurer has the right to pull the rug to save itself being exposed to the adverse costs incurred through running a hopeless case.

So game over. Or is it? If the victim then finds a second solicitor, more experienced, knowledgeable, proficient, the case could be resurrected. But any insurer asked to underwrite the prospects of success will hike the premium to reflect the increased risk identified by a former insurer having rejected or withdrawn from supporting the case.

And the premium’s no longer recoverable from the wrongdoer. Similarly, the second solicitor being asked to pick the bones out of an incompetent’s muddling may seek a higher success fee to cover his risk of working for nothing.

So the chances of a perfectly viable compensation claim being rendered uneconomic increase. That’s on top of the message sent to the opponent insurance company which will all too readily understand the claimant’s plight. Justice denied.

You only get one chance. Make an informed choice. Insist on credentials, references, testimonials, track record. Identify a passion for and understanding of the cause. Experience is not gained, but is often claimed, overnight.

For more information about our services or to start your claim, call 0808 100 9995 and speak to one of our specialist solicitors. We’re here to help. You can email us or schedule a callback.

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.