Our team handle a range of these claims, including Undisclosed Commission, mis-sold financial products, negligent advice and financial miscalculations.

We are also working on a number of precedent actions in this area which, if successful, will change the landscape for all consumers going forward.

Undisclosed Commission Claims

Sometimes known as claims for hidden commissions, these claims can be made when a broker has received a commission payment from the lender when referring your custom to them. Although brokers are allowed to receive commission payments, they must have told you that they were receiving this payment.

It is essential that your financial broker acted in your best interests and if your broker did receive a commission payment, they’ve likely breached their professional duties. If you believe that your broker has failed to make you aware of a commission payment, you may be able to make an undisclosed commission claim. 

Undisclosed commission claims can vary in value depending on the terms and conditions of the loan agreement that you entered into. We’ve seen that claims will likely range from £10,000 and in some instances over £200,000. 

Here at Claimsmiths, we have a specialised team who will work for you, to get you the best result possible. Just get in touch and we can begin investigating into your potential claim.


What is a Conditional Fee/Damages Based Agreement (CFA/DBA)?

A CFA/DBA is a commonly used funding agreement for claims of this nature. It operates on a 'no win, no fee' basis, meaning if your claim is unsuccessful and you have adhered to the agreement's terms, you will not be expected to pay us. We propose this agreement if you do not have an alternative means of funding your claim.

How much will I have to pay if my claim is successful?

If your claim is successful, you will be required to pay us a maximum of 25% plus VAT of any sums or benefits you receive. This covers the fee for our services in handling your claim.

Can I take out a loan to fund my claim?

Yes, you can take out a loan with Sandfield Capital, which we will apply for on your behalf. The loan is non-recourse, meaning you won't have to make any payments until the end of your claim. It won't affect your credit file as Sandfield conducts a soft credit search visible only to you. This loan will enable your solicitor to fund items such as expert reports, court fees, and counsel's fees. The loan is fully covered by the ATE policy.

What are the associated fees with the loan?

The draw down fees for the loan are charged at £95.00 per draw down. However, these fees are limited to a maximum of three fees per claim.

Will I receive documentation explaining the loan before signing the agreement?

Yes, if you choose the loan funding method, Sandfield Capital will provide you with documentation that explains how the loan works. You will have an opportunity to review and understand the terms before signing the agreement. Additionally, you can find answers to frequently asked questions on the Sandfield Capital website.

Are there other ways to fund my claim?

Yes, alternative methods of funding your claim include payment on account, personal loan, or edit card. If you prefer an alternative way, please contact us to discuss the available options.

What is After The Event (ATE) Insurance?

After the Event insurance provides insurance cover of up to the sum shown on your policy schedule in respect of your liability to pay own disbursements and opponent’s costs which we have agreed to indemnify if you are unsuccessful in pursuing a personal legal action for damages.

How much does the ATE policy cost?

A: The cost of the ATE policy varies depending on the stage of your case. For Stage 1 (Pre-Issue), the cost is £3,080.00 including Insurance Premium Tax (IPT). For Stage 2 (Post-Issue), the cost is £1,680.00 including IPT.

What is insured?

The policy provides insurance coverage for specific legal obligations. These include:

1. Your legal obligation to pay opponents' costs and your own disbursements, which we have agreed to indemnify up to the maximum limit shown on your policy schedule.

2. Own disbursements and opponent's costs arising from:
• An unsuccessful personal litigation claim brought in England & Wales.
• Your liability to pay as a result of failing to beat an offer made by your opponent, provided we authorized the rejection of the offer.
• Your liability to pay as a result of discontinuing the litigation with our authority.
• Your liability to pay as a result of an appeal brought by your opponent if you are successful in your claim.
• Your liability to pay as a result of an appeal brought by you with the case manager's approval, if you are unsuccessful in your claim at first instance.

3. Counsel's fees: The policy covers counsel's fees up to a maximum sum of £5,000, inclusive of VAT when counsel is retained on a privately paying basis.

What is not insured?

The policy does not provide cover for:

• Own solicitor's costs : Cover is for own disbursements and opponent’s costs.
Cover is only provided where you are more likely than not to be successful in the litigation. This is where the likelihood of winning is 60% or more.
Cover is not provided for costs incurred as a result of your failure to follow advice from your solicitor.
• Failure to comply : Cover is not provided for costs incurred as a result of your or your solicitor’s failure to comply with pre action protocols and court orders.
• Case manager’s approval : Cover is not provided for costs incurred as a result of actions taken by you or your solicitor without the approval of the case manager.

Are there any restrictions on cover?

Reimbursement and offset: We may offset all sums recovered from an opponent against any claim due in respect of own disbursements and the opponent’s costs.
Appeals: Cover is only provided for appeals with the approval of the case manager.

Where am I covered?

England and Wales

When and how do I pay?

The premium must be paid to us within fourteen days of the commencement date shown on your policy schedule. The premium is deemed paid and accepted on receipt by us.

When does the cover start and end?

Cover will start on the date stated on your schedule and end at the conclusion of the litigation.

How do I cancel the contract?

You have the right to cancel this policy and receive a full refund by notifying us within 14 days cooling off period provided no claims have been made or notified to us.

Do I have to pay the ATE insurance premium if I win my claim?

Yes, if you win your claim, you are responsible for paying the premium for the ATE insurance to the underwriter. However, we will seek payment of this premium from your opponent as part of your claim for costs.

What if I have legal expenses insurance coverage?

Please check whether you have a legal expenses insurance policy suitable for pursuing your claim. If you indicate that you have such coverage and wish to utilise it, we will contact your insurer and continue to correspond with them to obtain indemnity. If we are granted indemnity and your policy provides sufficient insurance to run your claim and fund your disbursements, we will cancel the ATE policy, and you won't have to pay the premium.

What happens if I lose my claim?

If you lose your claim, both the "No Win, No Fee" agreement and the insurance policy ensure that you won't have to pay any of the legal costs we incur on your behalf or any of your opponent's costs.

  • Address

    Floor 3
    31 Princess Street
    M2 4EW

  • Email

  • Call Us

    0161 413 7379

  • Useful Links

Claimsmiths is a trading name of Claimsmiths Law LLP. Founding Partner: Adam Morallee
Privacy and Cookie Policy | Terms and Conditions | Complaint Procedure | Site by: Elate Global