No Win, No Fee Agreement

What is No Win No Fee?

No Win No Fee – also known as a conditional fee agreement (CFA) – is an agreement between you and your solicitor which means you won’t have to pay their fee if they don’t win your case. This means that you don’t pay any costs upfront – once your solicitor takes on your case, you’ll only need to pay them if you win compensation.


What is legal aid?

Legal aid hasn’t been available for personal injury claims since the year 2000 – instead, it was replaced by No Win No Fee.

Legal aid is funding from the government which helps people to pay for legal costs so that they can get a fair hearing. Although this is no longer possible for personal injury cases, it can be used for other legal cases such as medical negligence involving children.

 To be able to receive legal aid, you have to prove that you can’t afford to pay for legal representation on your own.

How does No Win No Fee work?

Most solicitors will assist you in making a personal injury claim on a No Win No Fee basis. There are some rare exceptions to this, but if this applies to your case, they’ll let you know before starting your claim and they will talk you through the other options available.

The majority of your claim will be handled by No Win No Fee solicitors, so you can focus on recovering from your injury. They’ll keep you up-to-date with any progress and will be on hand to give you help and advice if you need it.


How much do I pay my solicitor if I win my case?

If you win your case, your solicitor will take a small percentage fee from the compensation you’re awarded, but this is agreed upon between you before they begin work on your case – in most cases, it will be up to 25% of the money you receive. There are no hidden fees – the main priority is to make sure you get the money you need for your recovery, so you don’t need to worry about all your compensation being taken up by legal fees and solicitors’ costs.


What happens if I lose my case?

If you don’t win, you won’t need to pay your solicitor. This removes any financial risk to you when making a personal injury claim. They’ll take out what is known as ATE insurance, which covers your legal fees if you lose your claim. ATE insurance covers costs and expenses paid out on your behalf including expert reports, barristers’ fees and court fees.

If you lose your case, you’ll usually need to pay at least a proportion of the other party’s legal costs. However, ATE insurance also covers this for you, so it adds another layer of financial protection.


What happens if my case is abandoned?

In some cases, claims are abandoned midway through the process for a variety of reasons; for example, expert evidence may reveal that your chances of winning your claim are much lower than you originally thought. ATE insurance also covers legal fees and costs already incurred if your case is dropped.


What are termination fees?

Termination fees may apply if your case doesn’t proceed because you don’t cooperate fully with your solicitor by:

  • Deliberately misleading your solicitor,
  • Failing to attend a court hearing, or
  • Not going to a medical/expert examination

This fee will be based on time spent on your claim, but you don’t need to worry about it as long as you comply with the things that your solicitor asks you to do.