A Conditional Fee Arrangement (also called a ‘no win no fee’ agreement) is a type of agreement made between a client and a solicitor at the start of the legal process.
The agreement states that if the client’s case is lost then they will not have to pay any fees to the solicitor. However, every agreement is different and so you should ensure that you understand exactly what is being agreed upon when entering into a contract or agreement with a solicitor’s firm.
CFAs began in the late 1990s to ensure that everyone could take part in the legal process regardless of their financial security. Solicitor’s fees were paid by the losing party.
In April 2013, new legislation introduced in the UK meant that clients may now have to pay towards the legal costs if they win the case, but this would only occur if your claim is successful.
Payment of the Solicitor
If your case is won, the majority of your legal costs will be met through the insurance of the losing party. However, due to the changes in 2013, the losing party no longer pays the ‘success fee’ portion. Instead, this fee is deductible from your compensation. However, there is a cap placed upon what can be taken from your compensation and you will never have to pay more than 25% of your compensation towards legal fees.
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If your case is lost, then you will not have to pay any legal costs to your solicitor. The other party may attempt to seek damages from you. However, you should be protected against this by the ‘one way qualified costs shifting’ notion brought into effect in 2013. This means that defendants will generally be ordered to pay the costs of successful claimants but, apart from in certain specific cases, they will not be able to recover their own costs if the claim is defended against.
Still, your solicitor may advise you to purchase a policy to cover certain elements of cost. This policy will only become payable at the end of your case and the premium is therefore only due if you win. Your solicitor can advise you on this aspect in greater detail during your initial consultation.
Considerations Prior to Entering into a No Win No Fee Agreement
When a no win no fee solicitor looks at certain aspects of your case, they will consider the following:
What evidence there is to prove your claim
How strong they believe your case to be
Therefore, if your solicitor believes your case has enough validity to win based upon these factors, then they are likely to take your case on and enter into a no win no fee agreement.
Making Personal Injury Claims
If you have developed an illness or have been injured due to someone else’s negligence, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.
First Personal Injury works with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury.
First Personal Injury has built up a reputation across the United Kingdom for their approach to accident and personal injury claims. Working with members of the public who have had personal injuries, we continually exceed our clients’ expectations.
This firm is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to clients because we are regulated by the Solicitors Regulation Authority of England and Wales. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.
*Please note – With regards to No Win No Fee - In limited circumstances, fees may be charged when your accident claim is not successful. These specific limited circumstances will be explained to you by your Solicitor.
The Citizen's Advice Bureau says it's our "civil and legal right" to make an accident claim. But 69% of us don't make an accident claim. Don't miss out on what's rightfully yours.
First Personal Injury is a trading name of Jefferies Solicitors Limited. Jefferies Solicitors is a limited company registered in England and Wales under registered number - 07451340.
Authorised & regulated by the Solicitors Regulation Authority and subject to the Solicitor's Code of Conduct details of which can be found at www.sra.org.uk/code-of-conduct.page. (SRA number 554864)
Head Office: Jefferies Solicitors (trading as) First Personal Injury, The Triangle, 8 Cross Street, Altrincham, Cheshire, WA14 1EQ - 0161 908 5100
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