No win no fee

Crazy_Jamie

Apples2 wrote:

Who cares??

The Losing Solicitor I would imagine, he took all the risk.

A word of advice; when someone asks a question relating to a potential serious issue and you don't know the answer, don't just guess. Because you run the risk of getting into hopelessly wrong. Which is what you have done here.

pinkshoes wrote: »

I think the clue is in the name "no win, NO FEE", and that goes for their fees and the other side's fees.

No, it doesn't. It means that if you lose you don't become liable for your own solicitor's fees. You will still be liable for the other side's costs, but in practice these will be covered by ATE insurance. Neilmcl is quite right on that point.

whatmichaelsays wrote:

The chances are that any NWNF solicitor will only be prepared to touch any case in which it there is a very high likelihood of victory. Anything remotely questionable and they'd avoid it.

Not true at all. If a case is risky a higher uplift can often be justified at the end of the case, bringing a 'risk/reward' issue into consideration. Practically speaking ATE insurers will only provide cover if the chances of success are assessed at 65% or higher, so it certainly doesn't have to be a done deal.

Equaliser123 wrote:

As costs awards are giving up to 200% uplift on "normal" fees if successful, there are more cases being taken on.

I think you mean 100% uplift. Uplift is what is given on top of the base costs, so whilst solicitors can end up with a maximum of 200% of their base costs, that only represents a 100% uplift.

Equaliser123

G3VKI wrote: »

I care if I end up footing the bill when my no-win no-fee guy loses.

Exactly which is why you need to check that there is an ATE insurance policy in place.

Equaliser123

Crazy_Jamie wrote: »

I think you mean 100% uplift. Uplift is what is given on top of the base costs, so whilst solicitors can end up with a maximum of 200% of their base costs, that only represents a 100% uplift.

Yep - meant to say 200% of their fees by means of the 100% uplift. Thanks for clarifying.

G3VKI

Equaliser123 wrote: »

Exactly which is why you need to check that there is an ATE insurance policy in place.

How can I check? Do I rely on his/her word or is there another way?

Equaliser123

G3VKI wrote: »

How can I check? Do I rely on his/her word or is there another way?

It will be in the letter of engagement. There SHOULD be an ATE insurance policy - or at least you should have been warned quite explicitly as to the risks of losing.

G3VKI

Equaliser123 wrote: »

It will be in the letter of engagement. There SHOULD be an ATE insurance policy - or at least you should have been warned quite explicitly as to the risks of losing.

Thanks, I've not had a letter from them yet, just a phone call saying they think I've got a good chance (and asking for a credit card number which I refused to give since they say no up-front fees)

Equaliser123

G3VKI wrote: »

Thanks, I've not had a letter from them yet, just a phone call saying they think I've got a good chance (and asking for a credit card number which I refused to give since they say no up-front fees)

I think you need to make a phone call and find out what is what. At present, there is clearly confusion.

olly300

G3VKI wrote: »

Thanks, I've not had a letter from them yet, just a phone call saying they think I've got a good chance (and asking for a credit card number which I refused to give since they say no up-front fees)

Just because there are no up front fees in engaging the solicitor acting for you doesn't mean that you don't pay any fees. For example if an experts opinion is needed to help you win your case you pay for that.

I suggest you get a full letter of engagement from the solicitor to see if you have to pay any charges upfront.

Crazy_Jamie

G3VKI wrote: »

Thanks, I've not had a letter from them yet, just a phone call saying they think I've got a good chance (and asking for a credit card number which I refused to give since they say no up-front fees)

Just to add to what has already been said, but if the solicitor is taking the case on a 'no win no fee' basis, you will actually be required to sign a Conditional fee Agreement (which is the technical term for 'no win no fee'). If they haven't physically given you such an agreement to sign, then the case is not being undertaken on a 'no win no fee' basis.

G3VKI

The plot thickens - a letter arrived today from them asking all the same questions I had already answered and again asking for my card details. They say unable to go ahead with claim without card. Very small print in T & C says "if going to Court, you grant us the right to appoint Solicitors of our choice...etc. This lot are NOT Solicitors and their appointed Solicitor would not be NWNF.
To quote the Dragons, "I'm out"
I'll look elsewhere, thanks for all your help.