Understanding No-Win No-Fee Agreements

Everything you need to know about conditional fee arrangements and how they can help you pursue your claim.

What is a No-Win No-Fee Agreement?

A No-Win No-Fee agreement, also known as a Conditional Fee Agreement (CFA), is a funding arrangement where your solicitor only gets paid if your case is successful. This arrangement has made legal representation accessible to many people who might otherwise be unable to afford legal fees.

How No-Win No-Fee Works

Under a No-Win No-Fee agreement:

• You pay nothing upfront for legal representation
• If your case is successful, your solicitor's fees are recovered from the other party
• If your case is unsuccessful, you don't pay your solicitor's fees
• You may still be liable for other costs, such as court fees or expert witness fees

Types of Cases Suitable for No-Win No-Fee

No-Win No-Fee agreements are commonly used for:

• Personal injury claims (road traffic accidents, workplace injuries, medical negligence)
• Employment disputes (unfair dismissal, discrimination)
• Professional negligence claims
• Some commercial disputes

Success Fee Explained

If your case is successful, your solicitor may charge a success fee. This is typically a percentage of the damages recovered and is designed to compensate the solicitor for the risk of not being paid if the case fails.

Success Fee Caps

In personal injury cases, success fees are capped at 25% of the damages recovered (excluding future care and loss of earnings). This ensures that clients receive the majority of their compensation.

What You Need to Know Before Signing

Before entering into a No-Win No-Fee agreement, ensure you understand:

• The success fee percentage and how it's calculated
• What costs you might be liable for if the case is unsuccessful
• Whether you have insurance to cover potential costs
• The strength of your case and likelihood of success

After the Event (ATE) Insurance

Many solicitors recommend After the Event insurance to protect you against the risk of paying the other side's costs if your case is unsuccessful. This insurance covers:

• The other party's legal costs if you lose
• Your own disbursements (expert reports, court fees, etc.)
• Your solicitor's success fee if you win

Choosing the Right Solicitor

When selecting a solicitor for a No-Win No-Fee case, consider:

• Their experience in your type of case
• Their success rate
• The terms of their No-Win No-Fee agreement
• Their communication style and availability

Common Misconceptions

It's important to understand that:

• No-Win No-Fee doesn't mean completely free - you may still have some costs
• Not all cases are suitable for No-Win No-Fee arrangements
• Your solicitor will assess your case before agreeing to No-Win No-Fee
• You can still be liable for some costs even with insurance

How We Can Help

At MacLeod & Associates, we offer No-Win No-Fee arrangements for qualifying cases. Our experienced team will:

• Assess the strength of your case
• Explain all costs and potential outcomes
• Provide clear, transparent terms
• Fight for the maximum compensation you deserve