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No Win No Fee Law Guide

Guide to liabilities when you win a case and the liabilities
associated with losing a claim


No win no fee law is derived from the provisions laid down in Conditional Fee Agreements. CFAs, also commonly known as "no win no fee" was introduced in 1995 to give people in all income brackets access to legal representation, enabling those who ordinarily could not afford the costs of a solicitor the means to fund legal proceedings in personal injury compensation claims. This directive was legislated through the Courts and Legal Services Act 1990, and was subsequently introduced five years later in 1995.

In 2000 legal aid was finally abolished for personal injury claims and since then Conditional Fee Agreements have become the normal channel for pursuing personal injury claims.

No win no fee agreements have since been extended beyond personal injury claims and cover most civil cases, giving the public additional leverage for making claims and securing compensation. Without CFAs, the vast majority of people would have been denied access to the legal process and ultimately, justice. Conditional Fee Agreements have enabled hundreds of thousands to secure compensation for injuries sustained through accidents; along with compensation for other infringements of rights.

What happens if I win my case?
If your solicitors win your claim, under no win no fee law, they are entitled to a basic payment and additional payment commonly called success fee, both of which are paid either entirely or partly by the losing party. The loser pays the winner's costs and where the loser is also the defendant, he / she will also be liable to pay damages. So, when you win as a claimant, you pay your solicitor nothing and you also receive damages from the losing defendant. In most cases claimants receive 100% compensation from their lawyers. The losing party will also be liable for additional costs known as disbursements which can include costs for medical reports, court fees and other associated costs.

What are my liabilities if I lose my case?
Under no win no fee law, solicitors should not charge you anything if you lose a case. However, there are additional costs that can arise if you lose a case and you will be liable to pay the other party’s legal costs along with disbursements. To cover for these potential costs, solicitors advice claimants to take up Legal Expenses Insurance. This insurance is included in some household content policies. If it is not already packaged within your household content policy, your solicitor will advice and guide you on options for taking up this important insurance cover.

Questions to ask no win no fee solicitors before appointing a law firm

  • Will your firm hand 100% of my claim to me?
  • Will there be any disbursement costs
  • If I win and the courts order the losing side to only partially pay your costs, will I be required to pay you the balance?
  • Are there any additional costs?
  • Are there any hidden costs
  • If I win my case, will you charge me a success fee?
  • Will you charge me any fees if I lose my case?
  • How many cases similar to mine have you previously handled?
  • What is your success rate handling cases similar to mine?
  • Will I need to take Legal Expenses Insurance cover?
  • If not already in my household contents policy, will you help me secure Legal Expenses Insurance cover?
  • Will I need to sign a loan agreement and if so why?
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no win no fee law

NO WIN NO FEE LAWYERS OFFER LEGAL ADVICE FOR COMPENSATION CLAIMS ARISING FROM:


> Personal injury
> Trip / Fall Accidents
> Clinical negligence
> Workplace accident
> Industrial accident
> Industrial diseases
> Motor car accidents
> Medical negligence
> Criminal injury
> Unfair dismissal
> Constructive dismissal
> Asbestos litigation
> Employment rights
> Commercial claims
> Property claims
> Libel
> Slander