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No Win No Fee

No win – no fee cases have gained some notoriety but without good reason. It can actually be an excellent way of bringing a claim, where you cannot afford to do so privately or do not have Legal Expenses Insurance.

For some time now, Legal Aid has not been available for personal injury claims. Provided that there is a reasonable prospect of winning your case, you have no suitable Legal Expenses Insurance in place, and the likely value of your claim justifies it, the no win no fee arrangement (actually called a Conditional Fee Agreement or “CFA”) would be an entirely appropriate way to proceed.

What this means is that in a suitable case, we will enter into an agreement with you. This will provide that we will undertake the case for you and, if the case goes to trial (or is abandoned beforehand, with our agreement) we will not charge you a fee for the work we have done.

However, for taking the risk that we may be paid nothing, we are entitled to claim a success fee, in the event that the claim is successful. This means that we will be entitled to charge a premium over and above our hourly rate costs of bringing the case for you, up to a maximum of 100% on a case that has gone all the way to trial. Depending on the type of case and when it settles, that percentage is usually significantly lower.

It is important to be aware that this is an additional percentage on top of our “base” (hourly rate) costs. It is not a percentage of your compensation.

Success fees are no longer recoverable from Defendants. This means that in common with most firms of Solicitors we will ask you to pay it from your compensation, although the amount will not exceed 25% of the value of your award.

We may advise you to take out a policy of insurance alongside the Conditional Fee Agreement. The purpose of this policy is generally to cover the risk of you having to pay disbursements you incur in bringing your claim (for example the cost of obtaining medical records and reports) and the risk of failing to beat an offer made by your opponent, which can have cost consequences for you.

The premium is generally only payable at the end of the case, if the claim has been successful.