“When a man is tired of London, he is tired of life, for there is in London all that life can afford”  Samuel Johnson famously said and reassuring to find it still, 250 years later and from an unexpected direction.

Think personal injuries claims and clichés like ambulance chasing spring to mind with lawyers taking 50 per cent of the claim and so on. Recent business failures of firms who got their business via TV advertising and where clients had their arms twisted to take out expensive insurance, have not helped. A meeting at Kidd Rapinet in Craven Street restores my faith here in > one way.

There are three main ways of making a personal injury claim. Simplest is to have a straight forward fee agreement. This may be on an hourly basis or perhaps a fixed fee. Win or lose, you pay the fee. Next is a Conditional Fee Agreement where nothing is paid upfront and the solicitor will get his fees paid by the other side – usually the insurer – if he wins. But since this is on a “no win, no fee” basis, there is a risk that he will lose. As result, his fees will probably be double the amount of a straight forward fee agreement. Third way is a Contingency Fee Agreement where nothing is paid upfront but a percentage of the award is taken and is most common in the USA.

Insurance is recommended but in a Conditional Fee Agreement, the solicitor takes this out on behalf of the client. Insurance premiums and reasonable legal costs are recoverable so if you win the case, the costs should be covered and if you lose, the premium is waived. Compare this to some personal injury firms (the more aggressive ones perhaps) where they make the client pay for the insurance upfront.

Costs are decided by the Court and if not considered fair, are not awarded. The insurance taken out by a client in the above example will be much more expensive than in the other one where the solicitor takes it out on behalf of the client. The extra is of course, a commission and is not recoverable. Recent tightening of the rules here forced many personal injury firms out of business. Terms of Business may state that you cover any “insurance” shortfall if the Court decides on its own figure and may explain for example, where a client is awarded £10,000 damages, but only receives £9,000.

Simon only does the first two of the above methods and will not take a percentage. All being well, the client will receive all their compensation and his fees will be paid by the other side if a Conditional Fee Agreement is made – he expects to be paid for his time and only that – as he puts it, ‘only eat what I kill.

Interesting case? Lady phones up between Christmas and New Year after an accident 3 years before. She and husband are in a London taxi when they are hit from behind. Taxi driver has his own arrangements and gets his money. Husband not really injured so does not claim. Wife takes 6 weeks off work but neck is still painful. Previously, she was very much in the “fast track” for partnership in her firm within the next year. The pain stops her from attending evening social events and employers tell her that she seems to have “lost her edge”. Approaching one of the TV firms, she is told to accept an offer of £5,000 but decides to phone Simon only days from the 3 year deadline. Partners in some accountancy firms earn > £500,000 but she is not going to be made partner this year - next year, maybe. Papers are issued, no decent offer made so preparations made ready for trial. Days before this, offer is increased to £250,000 which is accepted. Had case gone to trial, claim would have been for several £million but with higher risk. Defending tactics would have included, “Is she really that good?” with other risks like has client has told you everything? Lady concerned is now employed elsewhere and while not in line for the previous level of earnings, is happy on her salary which is still in six figures.

Contact Simon Robeson 020 7024 8074 srobeson@kiddrapinet.co.uk or www.kiddrapinet.co.uk  Last word here – if you do get a large lump as compensation, best advice might be to keep quiet. Once you have got used to the money in the bank, you will then have an idea where you might wish to invest it or make it last. Majority of National Lottery winners apparently have little or nothing to show for their good fortune, two years later.

My American readers among others will find Craven Street an interesting location as it houses www.benjaminfranklinhouse.org and Herman Melville’s (think Moby Dick) former home further down towards the river.

Nice to have some feedback on previous blog about living with cancer from a tax advisor. Apart from the cruelty of having one’s life cut short, people will have limited options for conventional Inheritance Tax planning meaning that when they die, they pay more tax than necessary. Where estates are > £1 million, schemes are available to mitigate this and do not have the usual 7 year or 2 year wait for them to be effective. Contact me for details.

Summer hols not started yet when I hear of a Spanish one which might be my next at http://www.vaughantown.com/EnglishNew/indexenglish.asp where you help Spanish students improve their English in a remote village. Master coach www.georgemetcalfe.com did this earlier this year and thoroughly enjoyed it – applications all done on line.

Curiosity takes me back to The Eagle in Cambridge  http://www.georgeemsden.co.uk/2008/05/schadenfruede-dna/ to find the plaque marking the spot where Messrs. Watson & Crick got their brainwave about the structure of DNA earning them a  Nobel Prize later. The pub is busy on a Saturday afternoon with its mixture of tourists and students who wife says, look like nerds – probably what I looked like at that age. Said plaque (in brass) is above table 12, food is OK but not great – the chef overdid the mint on the lamb shank.

Drive back to London takes us past The Tickell Arms in Whittlesford which now has a 12 course taster menu on Friday evenings - http://www.thetickell.co.uk/seasonal/index.html but that will have a wait.