No win no fee solicitors

andygb

Had to get a no win no fee lawyer involved on a case, and we were told at the outset of the % they take out of any successful claim. However, today we received a letter, advising that we insure ourselves in the unlikely event that we lose and the other side claims against us - which we were not told of at the start of proceedings. We were also told that id we pull out now, well will be responsible for all costs to date.
Is this normal, because if I had known this, it is unlikely that we would have started this procedure.

ReadingTim

You don't have to take out the insurance, but yes, it's totally normal that if you lose you run the risk of having costs either awarded or claimed against you.

Guess it depends on how strong you think you case is really, doesn't it...?

Undervalued

ReadingTim wrote: »

You don't have to take out the insurance, but yes, it's totally normal that if you lose you run the risk of having costs either awarded or claimed against you.

Guess it depends on how strong you think you case is really, doesn't it...?

Run the risk, certainly. However it is relatively rare for costs to be awarded at an employment tribunal. Because of that insurance premiums should be quite moderate.

I am surprised this wasn't explained to you earlier, either in person or in any paperwork you have received. Are you absolutely sure that is the case?

Marcon

andygb wrote: »

Had to get a no win no fee lawyer involved on a case, and we were told at the outset of the % they take out of any successful claim. However, today we received a letter, advising that we insure ourselves in the unlikely event that we lose and the other side claims against us - which we were not told of at the start of proceedings. We were also told that id we pull out now, well will be responsible for all costs to date.
Is this normal, because if I had known this, it is unlikely that we would have started this procedure.

It's usual for a no win/no fee merchant to pass on the costs of an insurance policy at the outset. If the cost of such a policy means you wouldn't have started the procedure, sounds like you know you have a weak case, so you'd be well advised to insure now.

comeandgo

Make absolutely sure what you have to pay for. If specialist experts are required in court are they a cost to you, admin and postage costs, are they covered.

steampowered

What is your concern with the insurance?

Legal expenses insurance is a totally standard part of all "no win no fee" arrangements. It isn't really something that's optional.

The insurance premium would normally only be payable if your claim is successful.

However it is probably the case that your solicitors should have told you about this up front if it was a requirement.

andygb

Thanks for all the replies. This whole thing has been a bit of a shambles really. Initially contacted the solicitors late last year and then nothing happened, they didn't get back to us.
We received a letter yesterday outlining all this and it took ages to read through - 10 pages.
The first we knew about insurance was yesterday.

Undervalued

andygb wrote: »

Thanks for all the replies. This whole thing has been a bit of a shambles really. Initially contacted the solicitors late last year and then nothing happened, they didn't get back to us.
We received a letter yesterday outlining all this and it took ages to read through - 10 pages.
The first we knew about insurance was yesterday.

It is very, very important that you fully understand and adhere to the terms of any no win no fee agreement. Basically you need to do everything the solicitor asks of you to give them the best chance of winning the case (and also don't do anything that might weaken the chances).

It is also sometimes possible to end up in a situation where you get a technical win but little or no compensation. Make sure you fully understand what happens about any fees in that situation.

ReadingTim

andygb wrote: »

Thanks for all the replies. This whole thing has been a bit of a shambles really. Initially contacted the solicitors late last year and then nothing happened, they didn't get back to us.
We received a letter yesterday outlining all this and it took ages to read through - 10 pages.
The first we knew about insurance was yesterday.

So, the first time they got back to you, which happened to be yesterday, they told you about the insurance? Then other than being slow at replying, they've done nothing wrong.

MEM62

andygb wrote: »

Had to get a no win no fee lawyer involved on a case, and we were told at the outset of the % they take out of any successful claim. However, today we received a letter, advising that we insure ourselves in the unlikely event that we lose and the other side claims against us - which we were not told of at the start of proceedings. We were also told that id we pull out now, well will be responsible for all costs to date.
Is this normal, because if I had known this, it is unlikely that we would have started this procedure.

With NWNF you are dealing with the bottom feeders of the legal world and need to bear this in mind.

You do not elaborate on the details of your case but, if you were confident in your position you would have been better off engaging a proper legal team in the first place. If however, you are hedging your bets based on NWNF meaning you have nothing to loose, then you have just discovered that this not the case.

pdotbe

I had an accident at work which resulted in a break in my foot, which has ended with me being on crutches and in a boot for 4-6 weeks. I work for an agency and they have stated I’m only entitled to SSP even though I have been with them for over the initial 12 weeks probation period. Where do I stand? The company (not the agency) pay fully pay for anyone who has an accident at work that isn’t their fault and have confirmed that I was not at fault - do I go to a “no win, no fee” solicitor? Please help!