1.1 This website is a trading name operated by Proaxis Legal Limited. Our company information is at the end of this document. We are regulated by the Financial Conduct Authority in respect of regulated claims management activities; our registration (833988) is recorded on the website register.fca.org.uk
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our website (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3 These terms and conditions apply to all Users.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Content” – all information of whatever kind published, stored or sent on or in connection with our website.
b) “User” – persons or organisations using our website (whether or not registered with us).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
4. Use of our website
4.1 We grant Users a limited personal non-transferable right to use our website subject to these terms and conditions.
4.2 You are not eligible for, and must not use, our website if you are under 18 years of age.
4.3 You agree that you will not in connection with the website:
a) Breach any applicable law, regulation or code of conduct;
b) Publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
i) Is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
ii) Infringes any intellectual property or other rights of others;iii) Involves phishing or scamming or similar; or
iv) We otherwise reasonably consider to be inappropriate;
c) Sell access to the website;
d) Use the website to provide a similar service to third parties or otherwise with a view to competing with us;
e) Sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
f) Use the website for any commercial or non-private purposes;
g) Use the website for junk mail, spam, pyramid or similar or fraudulent schemes;
h) Do anything which may have the effect of disrupting the website including worms, viruses, software bombs or mass mailings;
i) Do anything which may negatively affect other Users’ enjoyment of the website;
j) Gain unauthorised access to any part of the website or equipment used to provide the website; or
k) Use any automated means to interact with our systems excluding public search engines or attempt, encourage or assist any of the above.
4.4 You must not do anything which damages, or might damage, our reputation.
4.5 You must comply with any guidelines or requirements on our website.
4.6 You must promptly comply with any reasonable request or instruction by us in connection with the website.
4.7 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update that information so that it remains so.
5. Important – the nature of our website
5.1 We do not handle or advise on accident claims. Our role is simply to forward potential claims to solicitors. Unless otherwise stated on our site, all enquiries are passed directly to solicitors regulated by the Solicitors Regulation Authority, who pay us a fee for our marketing services. By accepting these terms and conditions you consent to solicitors contacting you about your claim.
5.2 We do not endorse or recommend any claims management companies or solicitors to whom we introduce you.
5.3 Before contracting with claims management companies or solicitors, you must make your own appropriate and careful enquiries including as to their suitability for your purposes. We do not accept legal responsibility in connection with their services or activities. Please direct any queries or complaints to them.
6. Third party services / advertising / websites
6.1 We may use third party-provided services or display third party advertising within our website and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
7. Guidance by us
7.1 Any guidance or similar information which we ourselves make available on our website is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. You rely on such information at your own risk.
7.2 While we make reference on the website to “No Win, No Fee” and similar phrases, we do not guarantee that your claim qualifies as such. Please take advice from the solicitor with whom you deal.
8. Your account
8.1 If we permit you to create an account on our website, it is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take all reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Functioning of our website
9.1 We do not guarantee that the website will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
9.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
9.3 We are entitled, without notice and without liability, to make changes to the website provided these do not have a material adverse effect.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3 We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where;
a) There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) Such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) Such loss or damage is caused by you, for example by not complying with this agreement; or
d) Such loss or damage relates to a business.
10.4 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
11. Intellectual property rights
11.1 All trademarks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
11.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our website without our specific prior written consent.
12.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
13. Events outside our control
13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
14.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. English law
15.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the English courts
16.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
18. Company information
18.1 Company name: Proaxis Legal Limited
18.2 Country of incorporation: England
18.3 Registered number: 04494454
18.4 Registered office: Portal Business Centres, Bridgewater House, North Road, Ellesmere Port, Cheshire, CH65 1AF
18.5 Other contact information: See our website www.proaxislegal.co.uk.
What is No Win, No Fee?
No win, no fee (also known as a conditional fee agreement) is an agreement between you and your solicitor which means you won’t have to pay their fee if you don’t win your case. This removes the financial risk from claiming and means you won’t be left with a bill you can’t afford. Another benefit of no win, no fee is that you don’t need to pay any costs upfront – once your solicitor takes on your case, you’ll only need to pay them if you win compensation.
For more information, and to find out whether you could make a claim, you can speak to an adviser on 0161 302 6510. If you decide to go ahead with your claim, they’ll be able to put you in touch with a solicitor who can take you through the next steps.
What percentage do lawyers take if you win your case?
If your claim is successful, then you’ll receive compensation and can spend it however you choose. You’ll need to pay your solicitor’s success fee as a percentage of your compensation – but this will usually be a small portion of the compensation awarded which be deducted from the damages awarded or settlement reached and the Panel Solicitor will expressly discuss it, agree it and confirm it in a written agreement with the client.
Your appointed solicitor needs to agree to take on your case on a no win, no fee basis, and ATE insurance will usually need to be in place before they do so, to ensure claiming is risk free. Also be aware that termination fees may apply based on time spent on your claim, or if your case does not proceed because you do not co-operate fully with your solicitor by, for example, deliberately misleading your solicitor, failing to attend a court hearing or not going to a medical/expert examination.
Your main priority is to make sure you get the money you need for your losses, so you don’t have to worry about all your compensation being taken up by legal fees and solicitors’ costs.
No win, no fee and ATE insurance – As well as making your claim on a no win no fee basis, your solicitor may arrange ‘After the Event Insurance’ for you. ATE insurance covers your legal fees if you lose your claim. It also covers other costs and expenses paid out on your behalf including expert reports, barristers’ fees and court fees.
If you lose your case, you’ll usually need to pay at least a proportion of the other party’s legal costs. However, your ATE insurance usually covers this for you, so it adds another layer of financial protection.
Some cases are abandoned part way through a claim; for instance, it may become apparent following expert evidence that the chances of you winning your claim are far lower than first thought. But don’t worry, ATE insurance will also cover the legal fees and costs already incurred. You’ll only need to pay for your ATE insurance premium if your claim is successful, and this will make up part of your solicitor’s fee.
All about no win, no fee solicitors
After suffering financial loss, you deserve a high standard of legal representation so that you have the best possible chance of getting the compensation you deserve.
We work with a panel of high-quality solicitor firms who have a wide range of experience, dealing with many different claim types. They set their standards high – so you can be sure you’re in safe hands.
These solicitors will be able to handle most of the claim on your behalf, leaving you with the time to concentrate on other things. But they’ll keep you up-to-date with any progress and will be on-hand to give you help and advice if you need it.
There are no hidden fees, and most solicitors can usually help you make your claim on a no win, no fee basis. There are some rare exceptions to this but, if this applies to your case, they’ll let you know before starting your claim and will talk you through the other options available.
Although all our cases are handled on a no win, no fee basis, other costs could be payable upon your solicitor’s request. These will be fully explained to you before you proceed. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free.
By submitting your personal data, you agree for your details to be sent to a firm of personal injury solicitors regulated by the Solicitors Regulation Authority, so that one of their experienced legal advisers can contact you by e mail or telephone to discuss your claim.
www.carclaimsdirect.co.uk is a website operated by Proaxis Legal Limited and is a trading name of Proaxis Legal Limited who are authorised and regulated by the Financial Conduct Authority reference number 833988. Our VAT number is 800564657. Proaxis Legal Limited is a private limited company, registered in England and Wales under Company number 0449 4454).
Full terms and conditions are outlined and copies are available on request from the following address:
Portal Business Centres