No Win No Fee

No Win No Fee FAQS

Below, we have answered some frequently asked questions concerning no win no fee

• What is a no win no fee agreement?

  A no win no fee agreement with your solicitor means that if you lose your case, your solicitor does not get paid.

  Without a no win no fee claim, the loser normally pays the legal costs of the winner in addition to their own costs, subject to certain rules known as ‘qualified costs shifting’.

  With no win,no fee claim cases, your solicitor would agree not to charge a fee unless the case is successful.

  The risks with no win no fee claims can be limited to paying the other side’s costs if you lose, plus any ‘disbursements’ (such as the cost of expert witness reports) and Court costs. You can, however, buy insurance to cover these costs and we generally require that you do so.

  Running a legal action on a no win no fee basis with costs insurance means that as your solicitor, we are taking the largest financial risk. In no win no fee claims, if you lose we don’t get paid, but the insurance will cover any exposure to the other side’s costs and your own disbursements.

  Due to this risk, we will charge a ‘success fee’ which varies depending on how risky the case is. You will also be expected to pay the success fee from your compensation.

• Do I need insurance for my no win no fee claim?

  The two forms of insurance you can buy to cover your legal costs are known as:

  • After The Event (ATE) is bought when you are in a dispute and need to cover your costs and the other side’s legal bill should you lose.
  • Before The Event (BTE) is commonly sold with house or motor insurance policies to cover your costs in the event of a legal dispute in the future.

  One of the first steps we will take in advising you on funding is to check whether you have BTE insurance cover already in place.

• Are there any upfront costs for the client in a no win no fee arrangement?

  In a typical no win no fee arrangement, clients do not have to pay any upfront costs. The solicitor covers the expenses related to the case, such as Court fees and expert witness fees.

  If the case is successful, these expenses are typically deducted from the awarded compensation.

• What happens if I lose my personal injury case in a no win no fee agreement?

  If the case is not successful, you are generally not responsible for paying your solicitor’s fees. However, you may still be responsible for certain expenses incurred during the case, such as Court filing fees or expert witness fees.

  It’s important to discuss these details with your solicitor before entering into the agreement.

• Are there any types of cases that are not suitable for no win no fee arrangements?

  While no win no fee arrangements are common in personal injury cases, some lawyers may not offer them for certain types of cases. Complex cases or cases with a low likelihood of success may be less likely to be taken on a contingency basis.

  It’s essential to discuss the specifics of your case with a lawyer to determine the most appropriate fee arrangement.

• Can I switch to a different solicitor if I am not satisfied with my current no win no fee solicitor?

  In some cases, you may have the option to change solicitors, but it’s important to carefully review the terms of your agreement. There may be provisions regarding changing representation, and you may need to discuss any concerns or issues with your current solicitor before making a decision.