Legal advice and assistance is a discretionary benefit provided to qualifying British Cycling members. It does not confer the benefit of legal expenses insurance, and members wishing to pursue a claim must do so via British Cycling’s appointed solicitors.
Our appointed solicitors will assess whether or not there are reasonable prospects of succeeding with a legal action against a third party. If our solicitors are satisfied that there are reasonable prospects of success a claim can be pursued on your behalf.
All decisions on a claim’s prospects of success and the pursuit and support of a legal action against a third party rest with British Cycling and its appointed solicitors and their decisions will be final. It is important to note, however, that British Cycling has an absolute discretion to provide or withdraw legal assistance in any particular case.
While British Cycling has an absolute discretion to withdraw cover at any time, the following are examples of situations in which cover would typically be withdrawn:
- there are no longer reasonable prospects of succeeding in your claim.
- you have failed to instruct, co-operate or agree to prosecute your claim for compensation.
- you have not adhered to advice given by our solicitors.
- you have sought to deliberately mislead either British Cycling or its solicitors in any material particular to your claim.
- you have given information or evidence which you know to be incorrect or misleading or that you have acted in any way or manner which, in our or our solicitor’s view, could be regarded as fraudulent or dishonest.
In cases brought in the UK, members are fully indemnified in relation to the cost of legal advice and assistance from the point at which a claim is registered subject to certain exclusions. This indemnity may either be provided by British Cycling directly, or at its absolute discretion British Cycling may arrange for it to be provided through a policy of insurance. The indemnity would then be in accordance with the terms of the insurance, of which you will be notified. There would be no charge to you for the insurance. Normally, in successful claims there will be no costs deducted from members’ compensation but because of different legal systems in the Channel Islands and the Isle of Man, British Cycling cannot guarantee that there will be no deductions from compensation where claims are brought in these jurisdictions.
Usually when claims are successful, the member will recover all their legal costs from the other party. In unsuccessful cases, British Cycling will continue to cover all of a member’s costs and the full terms of the indemnity will be provided when you register your claim.
Cases will be referred to our appointed solicitors and no payment is made by our solicitors in respect of the referral of any case.