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GAZETTE
APRIL 1985
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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