Conditional Fee Agreements: No win, no fee in Personal Injury

 

'No win, no fee' usually refers to conditional fee agreements. A conditional fee agreement is an agreement between a solicitor and their client that the client will not pay his solicitor's costs if he loses the case (though he will still pay disbursements such as experts' fees and barristers' fees).

In the event that the case is won, the client will pay a percentage increase on the solicitor's usual fees. This is not a percentage of damages but more an uplift on the solicitor's fee, known as a success fee. No win, no fee is now the most common form of funding for personal injury cases.

There are certain criteria that must be met before someone can have legally entered into a conditional fee agreement. The agreement must be in writing and must state the success fee to be applied, which must not exceed 100% of the solicitor's normal charge. The uplift on the solicitor's fee must be decided with proper consideration of the facts of the case. For example if a case was straightforward with a high likelihood of success, it would be appropriate for the success fee to be around 10-20% of the solicitor's usual fee. In more complex cases with greater risk it would be appropriate for the uplift to be higher.

If you would like to obtain legal advice on the law relating to no win, no fee in personal injury cases or advice about conditional fee agreements, Caven can put you in touch with a local specialist personal injury solicitor free of charge. So, if you have any questions or would like our help in finding local personal injury solicitors please call us on 08001 221 2299 or complete the web form above.

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