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Solicitors: Contentious probate

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. You can also clear off any outstanding legal bills using the loan.

    How often can we make a drawdown from the loan?

    The loan can be drawn down as many times as required, provided that the costs are in line with your costs estimate, so that the facility will enable you to reach the final hearing if needed.

    Where does the money get sent to?

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

    Draw down requests can be made through the online portal which, once submitted, will send an email to your client requiring their confirmation that Novitas can release funds to you. Once approved, Novitas will aim to send funds to the firm's client account within 48 hours.

    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 stops the proceedings?

    If proceedings are stopped the client is liable to repay any sums used.

    Can Novitas stop funding during the case?

    Yes, there are circumstances which may mean we stop any further drawdowns from the loan, including: 

    • disclosure of subsequent material facts that adversely affect the case
    • solicitor coming off the record
    • solicitor not meeting the undertakings in the framework Global Terms agreement
    • client behaviour that causes concern about the performance of the loan and its recoverability
    • if there is an extension pending.