Anyone know of a ...
joel at fysh.org
Thu Oct 22 16:22:14 BST 2009
On 22 Oct 2009, at 14:46, Ash Berlin wrote:
<snip request for lawyer recommendation>
There are many lawyers who specialise in litigation, and plenty of
those work on a no-win-no-fee basis. However, it's important to
understand how no-win-no-fee works in practice.
Essentially the fee is doubled on success, and that fee is payable by
the _client_, i.e. your friend. Generally, if successful, the judge
makes a court order requiring the defendant to pay (at least most of)
the plaintiff's legal fees. But if you're talking about sueing a
company that is near insolvency, which could be disastrous - your
friend will double his fee obligation and be unable to reclaim it from
the company, so will be liable for it himself. His mileage may vary,
but he's unlikely to obtain legal representation on the basis of the
fee being limited to what is recoverable, and he's unlikely to want to
make up the (possibly considerable) shortfall.
How much is he actually owed? It seems a better course of action to
ensure that a really good insolvency practitioner is appointed. They
will pursue the directors of the company far more effectively than he
can, and will have the use of the balance of the company's funds in
order to do that.
IANAL and can't comment on the limited liability issue. But nor can
you, and predicating the expense of legal representation on your
opinion being correct has the potential to be very costly to your
friend. If the company needs to be declared insolvent, do that.
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