What is No Win No Fee?

What does No Win No Fee Mean?

No Win No Fee is a commonly referred to term for a Conditional Fee Agreement abbreviated to CFA, this is a way of funding a legal action to cover legal fees. CFA's became popular around 1995 with the end of the legal aid system being available for Personal Injury cases. This stopped the need of having to apply for means tested access to legal help for personal injury claims and it is now at the discretion of the lawyer whether they take your case on a No Win No Fee basis. It is thought that CFA's have increased the access to justice in the UK legal system.

Main Points

  • No Win No Fee or CFA is the agreement between a client and lawyer.
  • No Win No Fee is the conditional agreement that if the client does not win their case then the lawyer does not charge the client any fee.
  • If a claim is won the lawyer earns their fee and perhaps a success fee (bonus) from the opposing party, typically an insurance company.
  • A Client should also keep 100% of any compensation sum awarded.
  • Other costs such as private medical examination bills and court fee's are also paid by the losing party.
  • If a Client loses they may be liable for the opposing parties costs including but not limited to court fee's and lawyers charges. The Lawyer should be able to arrange whats known as an After the Event Insurance also known as ATE which will cover this risk for a premium to be paid by you the Client.
  • ATE Insurance policy covers the risk in losing your case.

PLEASE NOTE: If our Lawyers are not confident they can win the case then they will not usually take on the case on a No Win No Fee basis and will advise you this during consultation.

Other Funding Methods.

There are two other way to fund a Medical Negligence Claim

Legal Aid

If the claiment meets the criteria set out by the legal Services, we offer comprehensive advise about Legal Aid as our lawyers are members of the Legal Aid Panel.

Legal Expense Insurance

We are happy to discuss if this is available. We discuss all funding issues in depth. Remember that funds awarded for compensation are only part of the recuperation process. Experience shows that many of those who claim compensation also make clear their wish to contribute to positive changes to a situation that failed them. We consider this a major part of our personal service to our client. It is important the correct funding route is found to give the claimant the fast track to a successful compensation claim.

 

Changes to Legislation April 2013

In April 2013 the ability to run a claim for damages for medical negligence, under a no win no fee agreement may deminish. This is because of changes in legislation and cost shifting.

Many legal firms may see it as more difficult  and less attractive to bring a claim under the new regime. 

Whatever the outcome it is likely that access to just may become more difficult.

In the meanwhile we will continue to monitor the situation to add clarity but clients can feel comfortable that we will continue to run claims under a no win no fee arrangement until which time we are told otherwise.

Please feel free to discuss any issues on making a No Win No Fee Medical Negligence Claim.

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