What does no win no fee mean? is a question that is asked a lot. We frequently hear banded about in the UK. It’s formal name is CFA – which means Conditional Fee Agreement.
The no win no fee era was set in motion at the end of the means tested, personal injury legal aid, in 1995. The idea behind it is that justice should be available for all, regardless of stature and financial position, arguably, as it should be. A no win no fee claim is a claim undertaken in the case of a client who has suffered physical or psychological harm, at no fault of their own. It is a common misconception that no win no fee pertains to ‘no win no cost’, yet in actuality it means that the client is not liable to pay fees, or hold responsibility for any of the costs associated with the claim, in the unlikely event that the case is not successful.
In the world of no win no fee law, there are a specialised breed of lawyer, authorities in their field, adept to take on even the most challenging of personal injury cases. These are the no win no fee solicitors. So, how do the no win no fee solicitors work? Initially, a potential no win no fee claim is carefully assessed via a free, no obligation consultation over the phone with a specialist adviser, subsequently, it is at the discretion of the no win no fee solicitor whether to take on a case. When a claim has been approved, the proceedings are initiated. Many people find the prospect of making a claim discouraging, as they imagine there to be mountains of paperwork, along with the emotional distress of relaying the events of an incident which caused the harm. This, however, is not the case. It is the role of the solicitor to undertake all the hard work, so the client does not have to.
If the claim is successful, the solicitor accomplishes payment and the client will receive a minimum of 75% of the compensation awarded. It is because of this set up, and deservedly so, that it is possible for the client to receive maximum compensation and in addition, are not obliged to pay any fees should the case be unsuccessful.
A no win no fee claim is a deal between a solicitor and a client, stating that the client is not liable to pay any fees, should the case be unsuccessful. Then, why do no win no fee claims work? As it is at the discretion of the solicitor whether or not to take on a claim, and it would not be of interest to the solicitor to earn no payment, cases are only taken on when the solicitor is extremely confident they can win. As a client, you have nothing to lose, as a solicitor, your livelihood is at stake, so only the strongest of cases are taken on. It is because of this meticulous and careful assessment of claims, that success rates are extremely high, with hundreds upon thousands of people being awarded compensation on a daily basis.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
