No Win No Fee Cases - What You Need To Know

CFA's - (Otherwise known as "No Win No Fee Agreements”

What are they and what do they mean?

Conditiional Fee Agreements are agreements by which payment of your legal costs is conditional upon the successful outcome of the matter - hence "no win no fee" 

i)  What happens if I lose my case?

If you lose your case you should not have to pay your solicitor's costs.   However, there may be exceptions to this so don't assume anything - always check with your solicitor.

Your solicitor should send you a Conditional Fee Agreement and a document entitled "What You Need to Know about a CFA.”   

Read both carefully and always ask your solicitor to clarify anything that you are unsure of. 

Your solicitor should also explain about your opponent's legal costs and who will be responsible for those if you lose your case as the general rule is that he successful litigant will be awarded their legal costs against the unsuccessful party.   Unless you solicitor advises otherwise you may also be responsible for expenses such as Court fees and medical reports. 

Asky your solicitor what steps should be taken to protect you against such a risk if you were to lose your case.   Your solicitor should be able to arrange insurance for you that will cover you against such a risk.   Ask your solicitor to confirm who will be paying for the insurance and in exactly what circumstances.  

ii) If you win your case

If you win your case then you would normally be awarded your legal costs.  You should also receive all of your damages. 

However, as solicitors operate CFA's in slightly different ways ask for confirmation before signing the CFA that there will be no deductions from your compensation if you win your case.  

Make sure that you consult an experienced No Win No Fee solicitor who will advise on the best way to safeguard your interests.

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