No Win no Fee

Wenpat

I had a fall in 2014 in a pothole in the footpath. I went to a local solicitor where i started a "no Win no fee claim. I was told i wouldn't be liable for any costs. At the end of Nov i received a document called a Conditional Fee Agreement. This document seemed to imply that I would be responsible for some cost should my claim fail. I was really confused with this document and called the solicitor, who said not to worry these were just formalities and said again i would not be liable for any costs. I asked for this in writing. I was sent a letter which said "we advise you that your claim is done on a no win no fee basis therefore if you are not successful you will not have to pay for our costs, the defendants cost, or any disbursements that may have been incurred" So after this reassurance I went ahead with the claim
I have received the court papers which made be question again the costs. I re read the Fee agreement and it conflicts with the letter I received. I am really worried now as I wouldn't have taken any risk going ahead without assurances that I would not have to pay any fees. Any advice would be appreciated before i confront my solicitor. Who i have now lost faith in

[Deleted User]

Not sure what this has to do with PPI or any insurance.
If you have signed a "No Win, No Fee" agreement which was then confirmed in writing, I see no reason for any suspicion otherwise.

amersall

"No win no fee, also known as a conditional fee arrangement, is an agreement you make with your solicitor so that you can claim compensation without worrying about upfront legal fees. If your compensation claim is unsuccessful, the no win no fee agreement states you won't have to pay your solicitor any money.Once the success fee and any un recovered disbursements are paid, the amount remaining from your compensation payout is entirely yours."

Usually, they take the fee from any award you may get.
My Mum made a claim some years ago and that is what happened with hers.
Double check with the solicitor to put your mind at rest.

Some House insurance policies have legal cover for such as this, the solicitors they use take any costs from any award you may get, mine does.

Wenpat

Sorry
new to the site and was struggling to navigate to fine the correct heading
Thankyou for your reply

Wenpat

Thankyou

That is what I thought except that there seems to be a paragraph in the Conditional Fee agreement that states if I lose I am responsible for disbursements to third parties.
This is what i queried with the solicitor (who has now left) who said to ignore this and then confirmed in writing as i posted above.
I will speak to the solicitor, I was just seeking some advice before i do so.
Thanks again

Wenpat

Thankyou

That is what I thought except that there seems to be a paragraph in the Conditional Fee agreement that states if I lose I am responsible for disbursements to third parties.
This is what i queried with the solicitor (who has now left) who said to ignore this and then confirmed in writing as i posted above.
I will speak to the solicitor, I was just seeking some advice before i do so.
Thanks again

sefton

I was just looking into making a claim and it does seem that if you lose you could be liable for the other sides costs. Although as you have it it writing from your solicitors that you will not be wouldn't that mean you could go after them if the other side came after you

Chapuys

You shouldn't need to worry, you have it in writing and also a contract with your solicitors. Whilst your solicitors are acting on the case, you have to remember that the action is done in your name so in theory you are liable for all costs of the case. Just that you have a conditional fee agreement with your solicitors that they will take the fees in exchange for a portion of your winnings if you win or lose (obviously losing you'll have no winnings and no fees per agreement). Check with them but I doubt you need to worry. Just so you know, the proper legal term for ‘no win no fee’ is a Conditional Fee Arrangement.

The information below are recent changes to the law which states the winning solicitors fees no longer come from the losing party, but from the winning party. That might be why you are getting fee notices. It was done to stop solicitors taking on frivolous cases which wouldn't win as it would come out of their pockets if they lost.

In 2008 the Master of the Rolls asked Lord Justice Jackson to look into the situation regarding personal injury compensation and no win no fee claims. After twelve months of investigation he published the Review of Civil Litigation Costs, more commonly known as the Jackson Report. His main recommendation was that success fees should no longer be paid by the losing side, but should instead be taken from the compensation awarded, with no win no fee solicitors able to take a maximum of 25%. In an attempt to offset the effects of this he also recommended an across the board increase in general damages of 10%.

Alpine_Star

There are distinctions between 'fees', 'success fees' and 'disbursements'.

'Fees' are the amounts charged for work done.

A 'success fee' is like a commission and is in addition to the above.

'Disbursements' are not fees as such but expenses ie court filing and hearing costs.