Damage Based Agreement
This agreement is a legally binding contract between you and Meesons Solicitors Limited t/as Meesons Solicitors.
We, the legal representatives You, the client
Meesons Solicitors Limited …………………….
What is covered by this agreement
Your claim against ………………………for unfair dismissal and other associated remedies in the Employment Tribunal up to and including final hearing but not any appeal.
What is not covered by this agreement
Any appeal against the final decision of the Employment Tribunal.
If you are awarded compensation from the Employment Tribunal or settlement is agreed prior to attending a Hearing, you agree to pay us a sum equivalent to 35% of that compensation including VAT and disbursements. Disbursements are court fees and expert fees incurred if any.
If you lose the case you do not pay us anything save for disbursements.
If you end the agreement before the Employment Tribunal makes a decision with regard to whether or not to award you compensation, you are liable to pay our costs at the rate of £217 per hour with letters and telephone calls charged at £21.70 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate. All these figures will attract VAT at the rate (now 20%) that applies when the work is done. You will also be required to reimburse us for any expenses reasonably incurred.
For what happens if we end the agreement before the Employment Tribunal makes a decision with regard to whether or not to award you compensation, please refer to paragraph 5.
The percentage of 35% reflects the merits of the case, its complexity and the time it will take to conclude the case on your behalf together with the work involved, up to and including any Final Hearing, including any expenses incurred, such as Counsel’s fees and travel.
The following areas have been discussed between the parties prior to entering into this Agreement:
- The role of ACAS in the matter and their potential assistance in resolving matters. The early conciliation process has been entered into and has ended prior to the issue of any Tribunal proceedings.
- That community legal help (Public Fubding) is not available in these circumstances.
- That there is no applicable legal expense insurance policy in place to cover your legal fees.
- There is no trade union representation applicable and we do not offer pro-bono work for this type of matter. You have been advised that there may be firms who would take it on on that basis.
1. Our responsibilities
We must always act in your best interests in pursuing your claim for compensation and obtaining for you the best possible results, subject to our duty to the Employment Tribunal.
2. Your responsibilities
You must give us clear instructions which allow us to do our work properly; you must not ask us to work in an improper or unreasonable way; you must not deliberately mislead us; and you must co-operate with us when asked. You are not entitled to terminate the agreement either after settlement has been agreed or within 7 days of the start of the tribunal hearing.
3. What happens if you win
If the Employment Tribunal awards you compensation, or you reach an agreement for settlement at any point, you will pay us a sum equivalent to 35% of any compensation including VAT plus disbursements. You agree that we may receive the compensation. If ………………..refuse to pay the compensation to us you agree to pay the cheque, or funds, you receive into a joint bank account in your name and ours. Out of the money you agree to let us take a sum equivalent to 35% of the damages including VAT plus disbursements You take the rest.
If ………………..fail to pay any compensation to you we have the right to take recovery action in your name to enforce a Judgment, Order or Agreement. The costs of this action are payable by you to us in addition to a sum equivalent to 35% of the damages. Limited enforcement costs are claimable from …………………………in certain circumstances.
4. What happens if you lose
If you lose you do not have to pay us anything save for any disbursements.
5. What happens when the agreement ends before the case itself ends
You can end the agreement at any time save as is provided for in paragraph 2. You are then liable to pay us our costs incurred up to the date you end the agreement calculated at the hourly rate, along with any expenses reasonably incurred.
We can end the agreement if you do not keep to your responsibilities in condition 2. You are then liable to pay us our costs incurred up to the date the agreement ends calculated at the hourly rate, along with any expenses reasonably incurred. Expenses will not become payable until this event occurs.
We can end the agreement if we believe that you are unlikely to obtain compensation from the Employment Tribunal and you disagree with us. You do not have to pay anything.
We can end the agreement if you reject our opinion about accepting compensation from the Employment Tribunal. You are then liable to pay us our costs incurred up to the date the agreement ends calculated at the hourly rate, along with any expenses reasonably incurred. You are entitled to seek a review of those costs and expenses. Full details are contained within our Terms and Conditions of Business.
6. What happens after the agreement ends other than by settlement.
After the agreement ends we will inform the Employment Tribunal that we are no longer acting as your representative. We have the right to preserve our lien over any property of yours, which includes your papers, in our possession unless any money owed to us under this agreement is paid in full.
Any amendment to this agreement to cover additional causes of action must be in writing and signed by both parties.
8. Third Parties
The Parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
This Agreement will be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales. The Parties irrevocably agree to submit to that jurisdiction.
Signed for the legal representative Signed by the client