No Win No Fee Personal Injury Claims

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What Is a No Win No Fee Agreement?

A No Win No Fee agreement, formally known as a Conditional Fee Agreement (CFA), is a contract between you and your solicitor that allows you to pursue your personal injury claim without paying legal fees upfront. Under this arrangement, if your claim is unsuccessful, you pay no solicitor fees, removing the risk of financial loss.

This arrangement is governed by the Conditional Fee Agreements Regulations 2013 and The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which set out rules to protect claimants and regulate how fees and costs are recovered.

How Does No Win No Fee Work in Practice?

When you enter a No Win No Fee agreement:

  • If you win your case, your solicitor charges a success fee. This fee is a percentage of your compensation and is capped by law under LASPO 2012 to ensure you keep the majority of your award. This success fee replaces the previous “uplift” fees solicitors could charge for taking the risk of losing a case.

  • If you lose your case, you do not pay any solicitor fees or success fees. However, you might still be responsible for certain court fees or disbursements unless you have After the Event (ATE) insurance.

After the Event (ATE) Insurance

ATE insurance protects you against having to pay the other side’s legal costs if your claim is unsuccessful. This insurance is optional but often recommended, especially for complex or high-value claims. The premium for ATE insurance is usually only payable if your claim succeeds and is deducted from your compensation.

Key Legal Protections and Regulations

  • Success Fee Cap: The success fee cannot exceed 25% of your damages award (excluding future losses), as set by LASPO 2012, safeguarding your compensation.

  • No Hidden Costs: Law firms must clearly explain all fees and costs before you agree to the agreement, as required by the Solicitors Regulation Authority (SRA) Code of Conduct.

  • No Additional Charges: It’s illegal for firms to add VAT, extra fees, or charges on top of the capped success fee.

  • Fair Treatment: Your employer or insurer covers your claim costs, not your solicitor, protecting you from personal liability.

Advantages of No Win No Fee Agreements

  • Access to Justice: Makes legal services affordable by removing upfront fees, ensuring more people can claim compensation for injuries.

  • Reduced Financial Risk: Limits your financial exposure if the claim is unsuccessful.

  • Aligned Interests: Your solicitor is motivated to win and maximise your compensation since their fee depends on success.

Important Considerations

  • No Win No Fee arrangements are not suitable for every case. Your solicitor will assess your claim’s merits before offering this option.

  • You may still be responsible for disbursements such as expert report fees or court fees, though these can often be included in the agreement or covered by ATE insurance.

  • The success fee applies only to the damages portion of your compensation, excluding future losses like ongoing care or loss of earnings.

  • Be cautious of firms promising “0% fees” or hidden charges—always ask for full details of fees and costs in writing.

Get Clear Advice and Support

We provide straightforward, transparent No Win No Fee agreements tailored to your case. Our solicitors will explain everything clearly and keep you informed throughout your claim, so you can focus on your recovery.

Injured in Cheltenham? No Win No Fee Claims Available

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To find out if you qualify for a No Win No Fee personal injury claim, call us on 0330 900 0377 or complete our online form for a free consultation. Our office is located at Calderwood House, 7 Montpellier Parade, Cheltenham, GL50 1UA, serving clients across Cheltenham and Gloucestershire.

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