Can you get counter-sued?

#1 2012-08-06 12:29:55
kazine

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2012-08-06

Posts: 1

Can you get counter-sued?

I heard someone say that it's all very good that you don't pay a fee if you win but if you lose you will probably get counter-sued by the company you're trying to sue. Is this true?

Kaz x

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#2 2012-10-16 13:44:28
Direct2Solicitors Ltd

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2012-08-22

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No Solicitor I know or work with would EVER say that all claims are guaranteed to succeed.  Indeed, if they were, we'd all be very, very wealthy!

If a Solicitor decides that a claim has a greater prospect of succeeding than failing, they will then pursue it on a Conditional Fee (No Win No Fee) basis.  The Solicitor will then absolve the claimant of the prospect of being held liable for costs should the claim fail.  To simplify the explanation: should the claim fail, the Solicitor will have taken out an insurance policy which can then cover the costs of the defendant.

It is very unlikely that a claimant would be counter-sued as if their claim fails, the 3rd parties defence costs will be met by the claimants Solicitors insurance. 

In cases where claimants have brought fraudulent claims against a wholly innocent party, they may well find themselves on the wrong side of legal action - both criminal and civil and could be counter-sued.  In such circumstances, they would get no sympathy from me and should be sued!

Hope that helps! 
Ian, Direct 2 Solicitors Ltd

No Win No Fee Personal Injury Claim Specialists
www.direct2solicitorsltd.co.uk

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#3 2015-11-20 15:47:29
Arwa

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To go along with this post, do you have advice on or expamles of legal contracts?  Do you have a statement in what you use stating that arbitration is the only legal recourse?  Cheers, Malcolm