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No Win No Fee Explained

At mis-soldmortgageclaim.co.uk all of our solicitors work on a No Win No Fee agreement with all our clients. No Win No Fee refers to legal services provided by way of an arrangement that generally means you won’t be expected to pay legal fees unless you win your case. It allows normal members of the public to bring forward legal claims without having to fund the costs out of their own pockets up front.

A No Win No Fee Agreement is a formal agreement with a Solicitor that generally means you won’t be expected to pay legal fees unless you win your case. It allows normal members of the public to bring a medical negligence claim without having to fund the costs out of their own pockets up front.

No Win No Fee arrangements are generally made available by solicitors offering clients a Conditional Fee Arrangement or “CFA”.

A No Win, No Fee agreement, means everyone can access justice, even if they do not have the financial means to pay up front for a court case. This is vital to ensure the interests of justice are upheld and that victims are able to pursue their legal rights.

Conditional fee agreements (CFAs)

With a CFA if your case loses, you will not pay your solicitor anything.

If your case is successful, you will need to pay your legal costs for representation. These vary depending on which firm you use. However, these costs are generally recovered from the losing party, or defendant and your solicitor manages this process for you.

You may also be required to pay a Success Fee to your chosen law firm. This is a percentage-based fee that comes out of your compensation if you win the case. This amount will be agreed by you and your solicitors at the start of your claim but is no more than 25% of your total compensation.

The level of the success charged will be between 0 – 25% and is assessed by panel law firms on a case by case basis. When choosing the level of the success fee being charged each panel law firm will have an individual assessment criteria but generally the case will be assessed on:

  • – The prospects of the matter and level of risk for the firm bringing the case
  • – The cost associated with bringing the case
  • – The likely level of damages
  • – The timescale for the case to resolve

Contingency Fee Agreements

A Contingency Fee Agreement is between a client and solicitor and revolves around the idea of the solicitor is only paid if the claim is successful. The main principle of a contingency fee arrangement is that when it comes to invoicing at the end of a case the solicitor cannot charge their client more than they would have done regardless of whether he had taken the case on the normal basis. If the case is lost then no fee will be paid to the solicitor.

Will I Ever Have to Pay Anything?

In addition to the success fee set out above, in the event that you terminate the agreement with the Panel Law Firm other than during the cancellation period then the firm may charge a termination fee. You should discuss this carefully with your solicitor so your fully understand your rights and obligations under your CFA.

What is ATE Insurance and Do I Need It?

After The Event Insurance is a product your solicitor may advise you to take out alongside your CFA. It provides an insurance policy to cover any potential costs in the event your case is unsuccessful. Generally, ATE is designed to cover the costs of disbursements incurred (medical records, expert

fees, barristers fees etc) and/or and potential adverse legal costs orders made for you to pay the defendant’s legal costs. If you have ATE in place, such costs can be covered by the insurance policy.

In Medical Negligence Claims, generally a claimant who is unsuccessful does not have to pay the Defendant’s legal costs due to a rule called Qualified One Way Costs Shifting, which has made ATE insurance less of a necessity. However, it is a product that should always be considered and discussed further with your solicitor. The costs of ATE Insurance Policies vary from case to case, but the costs are generally paid at the end of a successful claim, meaning there is no up front costs to you. Also, if you lose your case, generally, ATE policies are “self-insured” are there is no cost to you.

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