A ‘No Win, No Fee’ agreement is between a solicitor and a client who is pursuing a claim. It is exactly what it sounds like: if the claim is not successful, then there is no cost to the client. That should be how they work, at any rate. It is possible that some such agreements may have conditions attached, so you should make sure you are clear where you stand before you proceed with your claim. At Truth Legal, we will always be honest with you and explain up front the terms of your agreement with us.
‘No Win, No Fee’ agreements are quite common in claims for personal injury, clinical negligence and industrial disease, and we deal with many such claims. Often, a ‘No Win, No Fee’ agreement is the best way to fund a claim – when one of our specialist solicitors has assessed your claim and suggests proceeding on a ‘No Win, No Fee’ basis, it means that they have analysed the key facts of the case and decided that the claim is very likely to be successful. Very few solicitors will offer ‘No Win, No Fee’ agreements in cases they think they are not going to win, as they are unlikely to get paid! At Truth Legal, we give a great deal of our time away for free as part of our commitment to being an ethical solicitor’s practice, but it makes no sense – either for us or for our clients – for us to offer a ‘No Win, No Fee’ agreement for a claim that will not be successful.
In personal injury, clinical negligence and industrial disease cases, as long as the claim is not ‘fundamentally dishonest’ the claimant should not have to pay the other side’s costs (no matter how much they are) even if the claim is unsuccessful: claimants are protected by the doctrine of ‘qualified one-way cost shifting’ (which is a complicated legal precedent to explain, but that essentially protects an honest claimant from excessive costs). In some cases, we recommend that our clients take out ‘after the event’ insurance. This offers them an extra degree of protection, but we will offer you advice on this once we have considered the details of your case.
Our usual charge after a successful claim by one of our clients is capped at 25% of the award, inclusive of VAT, though it can depend on the claim.
Whatever your financial situation, a ‘No Win, No Fee’ agreement is usually the best way to fund a claim for personal injury, clinical negligence or industrial disease. It is worth being aware, however, that a solicitor can withdraw from the claim if the prospects of success fall. It is still possible to pay a fixed fee or an hourly rate for a solicitor’s services, but if you find yourself doing this, then it is very likely that your solicitor does not expect your claim to be successful. Because at Truth Legal your claim will always be handled by a specialist solicitor who is familiar with all the details of your claim, we can give you the right advice on how best to proceed. You can call us today in our Harrogate or London office to speak to our expert solicitors, who will give you a free, confidential and obligation-free consultation on your claim.
If you would like to know more about how ‘No Win, No Fee’ agreements work, or you would like to know if one is right for you, then contact us now!