Our fees

 

No Win No Fee

We can act for you on a “no win, no fee” basis if you are bringing a professional negligence claim .

This assumes that you are not covered for your legal costs by any legal expenses insurance.

Most clients want us to explain what the worst case scenario would be so far as legal costs are concerned so let’s assume you bring the case and you lose. Whatever type of funding agreement you have with your lawyer if you lose your case the court orders the loser to pay the winners legal costs.

However, in order to understand the advantages of “no win, no fee” funding it is first necessary to understand your liability for costs if you lost and you were not retaining a solicitor under a “no win, no fee” agreement.

Without “no win, no fee” funding if you lose you are liable for your own legal costs as well as your opponents. Litigating a case to trial is very expensive and unless you are rich you could be looking at a substantial liability.

If you have a “no win, no fee” funding agreement however and you lose the position is altered dramatically. We as your solicitors would waive our charges (except disbursements). What about your opponents costs and your disbursements? The normal rule that the loser pays the winners legal costs still applies but at the beginning of the claim we arrange insurance which indemnifies you in respect of your opponent’s legal costs and your own disbursements in the event that you lose. So if you lose all your costs are covered by this policy.Why would anyone insure me against losing? Well the answer is that the insurer calculates that no solicitor worth his salt is going to pursue a claim on a “no win, no fee” basis unless it has a pretty good chance of success. Assuming the claim is successful the premium is simply recovered from the opponent. If you lose the premium is self insured which means you still don’t have to pay it. So if you lose it genuinely is “no win, no fee”.

If you win under “no win, no fee” funding the normal rule kicks in which is that your opponent is liable for your costs as well as his own. In this event again you have nothing to worry about as your opponent picks up the tab. There may be a success fee to pay out of your damages however which is the solicitor’s reward for taking on the risk of you losing the claim and being paid nothing (remember if you lose then he writes off his own costs and does not get paid anything for all the work he had done).