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We work on a genuine "No Win No Fee"

no win no fee claims advice

This means that if we don't win your claim we won't charge you a penny.

The "No Win No Fee" terminology is banded about by lawyers as often as they advertise. So often in fact, that it's likely that you have heard the phrase countless times.

But hearing the phrase doesn't mean you really understand it. So, do you really know what it means? Well, quite simply The "No Win No Fee" simply means that if the case is not won, your lawyers will should not charge you.

When lawyers work on a "No Win No Fee" they usually charge a success fee if you win your claim. This success fee is to reflect the risk of not getting paid if your claim is lost.

It used to be the case that the success fee was recoverable from your opponent. However, since April 2013, the Government introduced legislation which means that the success fee is no longer recoverable from your opponent.

It is the Government's intention that you pay the success fee from your compensation. The Government introduced a cap that your lawyer can charge you to cover the cost of the success fee. The cap is set at 25% (including VAT) of your compensation for your injury and past losses. It seems that lawyers in England and Wales have generally settled on charging you 25% (including VAT) of your compensation award for your injury and past financial losses.

What if you lose your claim?

If you lose your claim, you will should not have to pay the lawyers' fees. There are a few circumstances, however, where you may be required to pay your opponent's fees. So, you should ask your lawyer who will pay your opponent's fees. For example, what if you don't beat a (part 36) offer at a trial? Well, under the Court rules, you could lose all your compensation in paying the other side's fees if you do not beat their offer.

To protect you against this risk, you should consider obtaining an After The Event (ATE) Insurance policy.

It used to be the case that your opponent would pay this fee if your claim was successful (the Insurance could pay for itself if you lose your case).

However, (also) since April 2013 (due to that legislation brought in by the Government), it is no longer possible to recover the ATE premium from the other party even when you win your claim.

So due to the April 2013 changes:

  • You are no longer able to recover the lawyers success fee from the other party when you win;
  • You are no longer able to recover the ATE Insurance premium from the other party when you win;
  • However, in order to compensate you for these changes, the offset is that you now get 10% extra on top of your compensation for personal injury.

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