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02/03/17
12:37
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Originally posted by Bobspongo
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I am a barrister. As a general rule no win no fee work is for personal injury type work and will dispute cases ie the kind of work that Slater & Gordon is known for. It occurs in personal injury litigation because the client has a proven injury but does not have the funds to pay until a judgment is given. In theory it is high risk but you only take cases that have a strong prospect of success and it is permitted to charge an "uplift fee" of around 25% for taking on the risk.
Generally speaking commercial, crime, family etc barristers wouldn't do no win no fee. I do commercial and tax work so don't do it.
A barrister's client is the solicitor so if SGH goes bust any unpaid fees most likely wouldn't be paid. Thats why the List A barristers have been advised to only do work when there is money in a trust account (ie paid in anticipation of future work). Slater & Gordon just can't do work that way. It is a big problem for them for their personal injury litigation practice.
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OK then for PI work Barristers will accept NW-NF. For CA NW-NF I expect barristers are paid as the case progresses just like SGH. Can you tell me if barristers are paid as case progresses by SGH as an expense or are barristers paid directly by the funder?