No Win No Fee – Professional Negligence Claims
Funding a Claim
We will advise you clearly at the outset the likely costs and the various different methods of funding (including ‘No win, no Fee’) which are available to you. We are very flexible in our approach and can offer a variety of solutions depending upon the circumstances of each specific case and your preferences.
The cost of claims against professionals can vary significantly depending upon the complexity of the claim and whether or not there are substantial disputes over liability or compensation. However a successful claim will usually enable a recovery of a substantial part of the costs from the other party in addition to the award of compensation. In addition, your costs may even be covered even if you do not win if you pursue the claim using a ‘No Win, No Fee’ arrangement or Legal Expense Insurance.
Funding options include:
No Win No Fee or Conditional Fee Arrangement (CFA)
Our solicitors can act for you on a ‘No Win No Fee’ basis known as a Conditional Fee Arrangement (CFA). ‘No Win No Fee’ means that if your case is unsuccessful, you will generally not be responsible for your solicitor’s costs. If your claim is successful, you can usually recover legal costs from your opponent. Under a ‘No Win, No Fee’ Agreement we agree with you that we will not charge you if we do not obtain damages for you, but if we do recover damages for you, in recognition of the risk that we have taken on your behalf, a success fee is added to the normal legal fees. It will usually be necessary for you to take out insurance to cover the opposing parties legal costs if the action is unsuccessful. However, any fees are usually recoverable from your opponent if you win and are themselves insured against, so that you do not pay if you lose.
Before the Event Legal Expense Insurance: This is a type of insurance that will have been taken out before the claim was envisaged. It may cover the legal costs of pursuing a claim. Many individuals have this cover as part of their contents, building or car insurance and are unaware or unsure of the extent to which it may help them finance the bringing of the claim.
Private Client Fees: This is the normal basis upon which solicitors are instructed to handle a claim. Legal fees will be charged in accordance with their time spent in connection with the matter at a set hourly rate.
All of the funding options will be discussed with you more fully if you decide to instruct us.