No win no fee services explained

No win no fee services explained

No win no fee services explained

With the further demise of legal aid funding it is important for those considering pursuing a legal claim - particularly for personal injury - to fully understand the other options available to them. Our televisions and internet bombard us with "no win - no fee" funding but what does that actually mean?

If your solicitor agrees to a "no win no fee" arrangement (or Conditional Fee Agreement) they are essentially agreeing to carry out the work for you on the basis that they will receive a success fee when the case is won. With this agreement your solicitor is agreeing to "waive" their fee in the event that your case is lost. Additionally at the outset of a claim, an appropriate insurance policy organised by your solicitor is often taken out to cover any liability you may have for your opponents legal costs in the event that you lose your case. This insurance is called 'after the event' insurance. (It is worth asking your solicitor to check your motor or household insurance to see if your policy covers you against any financial impacts of losing a legal case)

It is important to note that getting insurance in the first place is not guaranteed, as the insurance company will decide whether you have a realistic chance of winning or not. Your solicitor is obliged to briefly set out the merits of your case when requesting insurance cover. If the insurance company decides not to insure your claim, because, for example, your lawyer rates your chances of success as relatively low - you will have to be prepared to foot the bill if you lose.

If your claim is successful the defendant would normally be ordered to pay your legal costs. Your solicitor may also be entitled to a 'success' fee (also known as an 'uplift fee') . This can be as much as 100% of their normal fees.

If you are considering using a 'no win, no fee' agreement to pursue your claim, it is important to establish at the outset from your solicitor whether you may still have to pay out any costs at the end of the case because the insurance policy is not necessarily guaranteed to pay everything. If you are unsuccessful, for instance, you may have to pay the cost of certain expenses such as medical reports, if these are not covered by the insurance policy. And if your claim is successful, whilst the other side would normally be ordered to pay your legal costs it is not guaranteed that they will all be paid. You need to find out whether you might personally be liable for the difference.

If you have a potential personal injury claim, speak to a personal injury expert about the costs implications before beginning a claim.

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