Enterprise Law, Takapuna: Eddie Taia
Funding for Civil Disputes By Eddie Taia – Enterprise Law, Takapuna.
With the cost of going through a civil dispute becoming prohibitive many cannot afford to engage a lawyer, especially if you are likely to end up in Court. A civil dispute usually excludes criminal acts, Eddie Taia. and may include disagreements between individuals, companies and arguments over business contracts or debts. Family law is usually thought of as separate to civil, but can intermingle particular elements. What many people do not realise is that even if you cannot afford to go to Court there are ways a deserving case may receive funding to enable your case to go through formal dispute resolution. Legal aid The first and most well-known means of funding is through legal aid. If you have a good case that is likely to end up in Court and you cannot fund the process yourself you may qualify for assistance. What is not so well known is that you may qualify for legal aid even if you own a home. Legal aid will probably register a charge over your home, and you will likely have to pay back your grant at the end of your case if you receive money from your case. However, because the rates paid out to your lawyer are capped, this will limit somewhat the amount you will need to repay at the end when compared to privately funding your case. Private litigation funding One of the relatively new concepts becoming more prevalent in New Zealand is having a private third party company fund your case. These companies are known as litigation funders, and if you meet their criteria they may pay for your legal fees and costs right through to resolution of your claim. You will need a good case and the amount of your claim will probably need to be significant before a litigation funder will take on board your case. However, if you do qualify the litigation funder takes on all the risk, so if your case fails you do not have to pay back your advance. If your case succeeds, the funder will expect to take a portion of the proceeds. This is a very general overview. Please contact Enterprise Law or your lawyer if you require more in-depth advice. www.enterpriselaw.co.nz
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Issue 52 - March 2015 www.channelmag.co.nz
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