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Overview
Cozen O’Connor’s London subrogation and recovery practice is comprised of English qualified lawyers exclusively handling subrogation and recovery claims for U.K., U.S., and international insurance and commercial clients. Whilst many of our claims are governed by English or Welsh law and jurisdictional principles, we also pursue and prosecute subrogation claims in many European and other international venues through a well established network of correspondent lawyers.
ADDRESSING YOUR NEEDS
Cozen O’Connor’s London subrogation and recovery practice is able to respond efficiently and cost effectively to our clients’ needs for any claim involving reimbursement from a responsible third-party. Our conventional fee structure is a contingent fee formula, where permitted, and a hybrid contingent/hourly fee structure for those jurisdictions where law or custom requires local lawyers to work on an hourly fee basis. In England and Wales, once proceedings are issued and to enable us always to work on a no win, no fee basis, we follow the mandatory conditional fee formula.
Our comprehensive approach has manifold benefits for our clients, including reducing or, in many instances, eliminating any hourly fee component, capping legal expense within an agreed framework, and effectively procuring two law firms for the price of one where corresponding counsel are retained.
For litigation in England and Wales and other jurisdictions where it is permitted, we claim entitlement to reimbursement of legal fees, expert costs, and other litigation expenses to further enhance the recovery to our clients. To minimise potential exposure for a successful defendant’s legal fees and expenses, we are able to arrange “after the event” insurance, usually at no cost to the client.
WHAT WE DO
Our most successful subrogation programmes entail notification to us as soon as practicable following a loss, even where, on initial analysis, there may not appear to be any prospect of a successful recovery against responsible third parties. We work hand-in-hand with the appointed loss adjusters, allowing them to focus exclusively on quantum, while we develop the factual and legal predicate for proceeding against responsible entities, including retention and management of forensic consultants. Our London practice pursues every claim with close reference to applicable pre-action protocol rules in an effort to resolve the claim on an accelerated basis without recourse to litigation, and to protect against potential exposure for costs in challenging subrogation opportunities. Where pre-litigation settlements are not feasible, we work with our partnering barristers on a “no win, no fee” basis, to bring the claims to successful resolution either in court or in arbitration.
OUR EXPERIENCE
Cozen O’Connor’s London subrogation practice has extensive experience in all aspects of contract and tort law in England, Wales, and many European jurisdictions. Our English lawyers also have considerable experience in addressing technical engineering and scientific issues which are of critical importance in perfecting subrogation recoveries. We have an extensive list of recommended forensic experts with whom we consult on claims and litigation matters. We handle high value, complex commercial and industrial property damage losses, as well as more conventional personal lines claims, arising from diverse casualty events including fires, floods, explosions, subsidence, employee dishonesty, products liability, and pollution or contamination events.