What does No Win, No Fee mean, and how does it work?

Posted on: 2 mins read
Mark Howarth

Partner & Solicitor, Personal Injury 

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One of our experts in personal injury claims explains how No Win, No Fee agreements work and what they mean in practice. 

‘’What does No Win, No Fee mean, and how does it work?’’ 

Answer: 
‘’No Win, No Fee, also known as a Conditional Fee Agreement, is a way of funding a legal claim without paying upfront legal fees. If your claim is not successful, you will not usually have to pay your solicitor’s fees. If your claim is successful, a success fee is deducted from your compensation. This arrangement can make it easier for people to access legal advice and pursue a claim without the worry of paying legal fees at the outset.’’ 

 

Understanding your legal position 

A No Win, No Fee agreement is most commonly known as a Conditional Fee Agreement, although in some cases a Damages Based Agreement may also be used. These agreements are designed to allow you to pursue a claim without paying your solicitor’s legal fees at the start of your case. 

It is important to understand that, whilst you will not pay upfront legal fees, there can still be additional costs involved in bringing a claim. These are known as disbursements and may include court fees, medical reports, or expert evidence needed to support your case. 

In many cases, these costs can be covered by a policy called After the Event insurance. This is arranged after your claim has started and is designed to protect you from having to pay certain costs if your claim is not successful, including disbursements and, in some cases, the other side’s legal costs. The cost of this insurance is usually only payable if your claim succeeds and is typically deducted from your compensation. 

If your claim is successful, the other side will usually pay a significant proportion of your legal costs. You may still be required to contribute towards some of these costs, along with a success fee. This is a percentage of your compensation which is agreed in advance and is usually capped, so you have a clear understanding of any deductions from the outset. 

If your claim is not successful, you will usually not have to pay your solicitor’s legal fees under a No Win, No Fee agreement. This helps reduce the financial risk of bringing a claim, although your case handler will explain any potential exceptions or circumstances that may apply. 

No Win, No Fee agreements are commonly used in both personal injury and medical negligence claims, although availability will depend on the specific circumstances and merits of your case. Our team can guide you through the funding options available, explain how the agreement works in clear terms, and answer any questions you may have before you decide how to proceed. 

If you are considering making a claim and want to understand whether a No Win, No Fee agreement may be available to you, call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help. 

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