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Solicitors: Clinical negligence

During the case

    Does the client have control over how we use the money?

    Yes, each draw down request is sent to the client for approval. You can only draw the money from your client account against invoices the client has approved.

    How often can we make a draw down from the loan?

    The loan can be drawn down as many times as required, up to the limit of the loan.

    Where does the money get sent to?

    Funds will be paid directly to the solicitor’s client account to clear any approved outstanding invoices.

    What happens if the client changes solicitor?

    As the solicitor firm gives certain undertakings to Novitas, any new firm would also have to be approved, otherwise this is a breach of the loan agreement and the loan will need to be repaid immediately.

    What happens if the client decides not to continue with the claim whilst on funding?

    The solicitor firm must notify the insurer and Novitas immediately and a claim will be made on the policy. The client may be liable to repay the amount already drawn down depending on the reason for the case stopping, for example, in the case of client fraud or cancelling without a valid reason.

    Can Novitas stop funding during the case?

    Yes, there are circumstances which may mean we stop any further drawdowns from the loan, including but not limited to: 

    • disclosure of subsequent material facts that adversely affect the case
    • solicitor coming off the record
    • solicitor not meeting the undertakings in the framework agreement
    • client behaviour that gives concern about the performance of the loan and its recoverability.