The Gazette 1985

APRIL 1985

GAZETTE

can ask for such an order. In a matter of weeks a medical court expert can be appointed to examine the victim, at the other side's cost, and a provisional indemnity be paid to the victim. Courts are not usually, very generous at this stage because they do not want to have the victim paid more on the order than he or she will finally receive. Also at this point, the possible claim of the Securité Sociale is not known, and the courts do not want its position to be endangered. This way of proceeding speeds up the case considerably, and enables the victim to start litigation in France at little or no expense, when a provisional payment is ordered. Settlement is very frequently reached after the expert's report, when its conclusions are accepted. No further litigation will then be needed, agreement being easier to reach on the basis of the court expert's report. Litigation The case may be brought in the civil courts or in criminal courts, if an offence has been committed. Although technically the victim may appear without an avocat in minor civil claims (under £ 1,700) and in criminal courts, they seldom do so. Cases can always be submitted to the court of appeal (except when the initial claim is under £600), but insurance companies seem to accept more than three- quarters of the decisions made by first instance judges. At first instance it usually takes about eight months to a year to obtain a judgment. So it is faster to have an expert appointed immediately through a provisional order which saves time when the case comes for hearing. Failing this, the court will have to appoint an expert first, then rehear the case in quantum, which will be likely to take twice as long. An appeal will, on average, add an extra 18 months to the total. Cost of Proceedings The prospect of hiring a lawyer abroad can be an unnerving one for the uninformed victim. Even across borders, and with two lawyers, indemnities passed to the client are usually higher after two fees have been paid than they would receive single-handed from insurance companies. Even with two jurisdictions and two lawyers compensation will usually still be higher after paying for the two lawyers than if the client had acted alone. Legal Costs French avocats are not allowed to work on a contingency basis, but they will frequently agree to start a case with a notional retainer unless they feel that the other side's liability is not established. Very often, the case 'pays for itself through provisional payments obtained either out of court or in court. There are various fee-computing systems and the situation is somewhat similar in France and England. There is no contingency fee, but a bonus agreed afterwards is permissible. Fees can be controlled by the Bar Associations. Court costs are not high and are recoverable from the loser. They do not — unless otherwise decided — include lawyers' fees, except for a small amount.

Medical Costs The client ought to get a medical report, as soon as possible, and even better, drawn up according to French usage. This will save an enormous amount of lawyers' time and facilitate out-of-court settlements. In France, private experts charge about £50 for each visit (there will usually be two of them, one at the outset of the case, one with the court expert or the insurers' expert). It is sometimes possible to arrange a medical visit in England for many clients, in which case the cost of the expert's travel will tend to be largely reduced. Otherwise, the victim has to be prepared to come to France to be examined. This will speed up the case considerably. The court expert's fee is usually £150, plus costs. Conclusion Despite the difference in their legal systems the English solicitor and the French avocat can work efficiently together, all the more so if they know the basic rules. And, by the way, you too can say 'accident' in French — just drop t he ' t '. •

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