No Win No Fee Service

One way of funding your compensation claim is a “No Win, No Fee” agreement, also known as a “Conditional Fee Agreement”.

You and your solicitor agree that you will only have to pay your solicitor’s fees if you win your case. If you win your case, you should receive 100% compensation and in addition your costs of the claim will usually be recovered from the other side – so it’s a win:win situation for you. There are very few exceptions to this but your solicitor will explain this to you before you start your claim. Your solicitor may also purchase an after the event insurance policy on your behalf to cover your disbursements (e.g. the cost of obtaining medical reports etc.) and the other side’s legal costs should you lose your claim.

Who pays the lawyer’s costs?
Most people who consider making an accident compensation claim will be worried about how much it will cost to pay their legal fees and what will happen if they lose. Everyone knows that legal costs can be high, so it is very important you find the funding method for your claim that best suits your circumstances. Whatever you choose, your funding method must adequately protect you against the costs which could arise from a claim.
The general rule is that if you win your case, your legal costs of the claim will usually be recovered from the losing party, along with the agreed compensation for your injuries. The losing party should pay all your solicitor’s normal fees, their “success fee” and your expenses, including the insurance premium. If you lose your compensation claim, then under a “No Win No Fee” agreement you will not have to pay your solicitor’s costs.

How do I know if I am eligible for a No Win No Fee claim?
Your solicitor will usually arrange an initial meeting with you to assess the strength of your claim and discuss the options available to you to fund your compensation claim. Only when they have made this assessment will they decide if it is appropriate to offer you a “No Win No Fee” agreement. Your solicitor will explain all the details of this agreement to you in full before you begin your compensation claim. You should note that cases are only taken on a "No Win, No Fee" basis, if they are likely to be successful.

You can be assured that any solicitor you choose through our service will not ask you to ever enter into a loan agreement to fund your claim.
How much will it cost me?
Under a “No Win No Fee” agreement you will only be responsible for your solicitor's costs if you win your case, although these costs of the claim will usually be recovered from the losing party. However, such an agreement does not usually mean that you will not have to pay anything, and therefore an “ATE” policy (after-the-event policy) is usually taken out on your behalf by you solicitor. This is to cover the risk of having to pay the other side’s legal costs if you lose your case and disbursements that incur as your case proceeds - such as court fees, medical report fees and police accident report fees.
The ATE premium is not payable until the end of the case (deferred premium) and the premium is not payable if you lose your case. If you win your case, the ATE premium is recoverable from the losing party as an expense. Your solicitor will be able to advise you fully about this before you begin your compensation claim.
What are the other methods of funding your claim?
Other than “No Win No Fee” agreements, there maybe other options available to fund your claim. Looking at them briefly:
• Legal Expenses Insurance - Legal expenses insurance, also known as before-the-event insurance, is usually sold with other insurance. You may be unaware that you have this type of insurance because it is often included free or as an add on to your: a) House insurance; b) Motor insurance; c) AA cover; d) RAC cover; e) Travel insurance; f) Bank accounts; g) Credit cards; h) Pet Insurance.
If you have this kind of insurance to cover your legal costs, you may not need a ‘no win, no fee’ agreement.


What is covered under this type of insurance?
The cover provided by this type of insurance varies but it will often pay for your solicitor's fees and expenses, any costs for expert witnesses, court fees and your opponent's legal costs.
Can I choose my own solicitor?
Most policies say you can choose your own solicitor, but only if legal proceedings have already started. At any earlier stage the insurance company can refuse your choice of solicitor without giving any reason. Your solicitor will advise you how to persuade the insurance company to let you use the policy and choose who will act for you. If it refuses, your solicitor may still be able to act for you under a “No Win No Fee” agreement.
How do I find out if my accident claim is covered by a policy?
The first step is to remember who your insurer was at the time the injury occurred - this may be different from your present insurer. Don’t forget to check all your insurance policies as you may be covered on one rather than another.

Your policy schedule should indicate if Legal Expenses Insurance is available. If you are in any doubt as to whether you are covered, simply ring up your insurers and ask. Alternatively, you could show the policy schedule to your solicitor, who will be able to advise you.
• Legal Aid - Legal Aid is generally no longer available in personal injury cases except for medical negligence claims. However, Legal Aid may be available for matters where the legal costs are likely to exceed £20,000 or where the costs of investigating a case would be at least £3,000. Every case is individual and your solicitor will be able to advise you.
• Trade Union - If you belong to a trade union and have had an accident at work, then you may be entitled to receive free access to legal advice as part of your membership. If this is the case then, provided you have paid your membership fees, you should receive the full financial support of your union.
• Private Funding - If you choose to fund your case privately i.e. by paying out of your own pocket, or have no other alternative, then you must be aware that you will be fully liable for all your solicitor’s costs and disbursements.
You will be charged an hourly rate which will depend upon the experience of your solicitor. Rates often start at £95.00 per hour and can rise substantially. VAT is also paid on legal fees – that adds another 17.5% to your bill. You can agree with your solicitor to not carry out work beyond a certain amount of money without your prior authority.
However, if you win your claim and receive damages in excess of £1,000 then your solicitor will recover your reasonable legal costs from the losing party.
Your solicitor will be able to advise you fully about this before you begin your compensation claim.
What “damages” are recoverable?
Any solicitor you instruct from our panel will aim to get you the maximum compensation.

You can claim “General Damages” for your injuries, the ‘pain and suffering’ you have sustained as a result of the accident and for the ‘loss of enjoyment of life’ by, for example, not being able to pursue your hobbies.

You may also be able be entitled to claim “Special Damages” for lost earnings, potential loss of future earnings and for any expenses which are necessary to aid your recovery such as prescription costs, nursing care and rehabilitation costs.
Once you have started your claim, your solicitor will be able to give you a more realistic estimate of how much compensation you are likely to receive.