No win no fee
No win, no fee
Many of you will be familiar with personal injury commercials on television which show people falling off ladders, suffering whiplash at traffic lights, or slipping on a wet floor. They are all portrayed as having one thing in common; a right to claim justice for their sufferings.
Conditional Fee Agreements (CFAs) or sometimes referred to as no win no fee deals, first came into place in 1995 for a range of court cases in England and in Wales and replaced legal aid. The message was clear. No win no fee agreements will provide for better access to justice, and the focus will be shifted from affordability to the merits of a strong case.
No win no fee explained
If you are successful in your compensation claim, then your solicitor will not deduct any legal expenses. Under this agreement, your solicitor is agreeing that if you win the case his legal fees will be paid for by the losing party. There will usually be other costs involved, such as medical report fees or court fees. The party at fault will take the responsibility for paying for all or at least part of these costs.
Please note that you will potentially be liable to pay your solicitor any fees that the losing party is not required to pay.
If your claim fails
You will not be required to pay your own solicitor, but you will have to pay the winning side's costs. In addition, any other costs incurred, such as medical reports, will have to be paid by you. However, your solicitor should arrange to take out insurance to cover this risk on your behalf so there should be no requirement for you to pay anything at all.
Important points to consider
The main question often asked by many is, how can a solicitor afford to take on a case with no actual guarantee that the case will be won? The tv commercials attract the viewers with the slogan "No win no fee and 100% compensation". However, it is important to note that this applies to every case the solicitor actually decides to take on.
It is the solicitor's responsibility to examine your case thoroughly, and inform you of your chances of winning. If the case is unlikely to succeed, then your case will not be taken on, and the reasons why will be explained to you.
If it is clear that you have a weak case, with no one to legally blame for the injury then there is no point in the case proceeding. In many instances, there may not be enough evidence to support a claim. If the case is lacking in witnesses or medical reports then it is likely that the case will not be taken on.
There can be a misconception surrounding this notion of 'no win no fee'. Some gain the impression that this agreement means they will not have to pay anything. Often, depending on the type of case and the individual circumstances surrounding it, there is potentiality for other costs, besides the solicitor's fees being incurred. In these circumstances, it is always best to ask your solicitor about possible costs further down the line, in order to prepare.
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
Tags :
“I found Accident Solicitors Helpline to be professional and very speedy in their response to my query.”
Mr Davide Vich
