NO WIN - NO FEE Lawyers Solicitors and Attorneys
Looking for a lawyer? Maybe a No Win - No Fee, also known as no win - no pay, arrangement with your solicitor will work well for you.
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Please note below content is general information only and it does not constitute legal advice. Different countries have no-win-no-fee arrangements working in different ways and you need to ask your lawyer how this can apply in your particular circumstances and if this option is available to you.
Info - What is a no-win-no-pay (also known as No Win No Fee) legal arrangement?
There can be a variety of versions of the arrangement but in essence most "No Win No Pay" arrangements with your lawyer mean that there is a conditional fee arrangement between you and your lawyers. The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, they will not get paid. However, in such a case you may still be liable for the legal costs of the other side, and other costs depending on the ruling.
If you win, different countries have different sets of remuneration.
Which countries have No-Win-No-Fee
Australia, Belgium, Brazil, Canada, The Dominican Republic, France, Greece, Ireland, Japan, Lithuania (for personal injury only), New Zealand, The United Kingdom and The United States have some forms of conditional legal fees including no win no pay or no win no fee arranngements options.
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No Win No Fee UK
A no-win-no-fee arrangement requires for your solicitor to complete a series of forms and formalities and they must be providing you with pieces of information along the way.
If your claim is successful
Under a "No-Win-No-Fee" your solicitor will only get paid if your case wins.The losing party will be paying your solicitor's costs and other costs, such as court costs and the costs of medical reports. Your solicitor's costs will usually consist of two elements: the standard costs based on their hourly rate and the "success fee".
If your claim is not successful
If your claim is not successful, your solicitor will not get paid under the "no win no fee" agreement. However you are likely to have to pay other costs, such as the legal costs of the winnign side, the court costs and the costs of your medical reports and other disbursements. However, your solicitor may be able to arrange for you to get an insurance cover, known as "after-the-event" insurance and this insurance could cover for these costs for you. You will probably have to pay premiums on this insurance.
More information on no win no fee in the UK.
More information on No Win No Fee in the UK
Commonly referred to as "no win no fee", these are arrangements that have a conditional fee attached to them. It is conditioned on the case being won, lost or partially won in court. The solicitor's fee will depend on one of these scenarios.
Conditional fee agreements (CFAs)
Conditional fee agreement is an agreement where lawyers charge no fee if they lose the case and if they win, they can charge an additional fee, called "success fee" on top of their normal charges.
Conditional fee agreements were first made available for personal injury cases by
secondary legislation under the Courts and Legal Services Act 1990,
introduced in 1995. Those days, legal help was still available for people below certain financial threshold. However there was a significant group of people just above the threshold (who wouldn't qualify for free legal help) who sustained some personal injury and did not have enough money to pay for the legal costs related to the personal injury litigation.
Since then conditional fee agreements have been widened to cover most civil litigation.
Who pays for what
The general rule of law in the UK law has it that "costs follow
events" – which means that the loser pays the winner’s costs and damages if the
loser is the defendant. This means there is still the risk of having to pay the other side’s costs if the case is lost. In addition, other costs, known as disbursements - e.g.
medical reports, barristers’ fees and other court and administrative fees ususally are not covered by conditional fee agreements.
In 1999 The Access to Justice Act stopped public fund availability for most personal injury cases, claiming that other methods (including the "no win no fee" method) were available and worked better in these cases. It needs to be noted that legal aid is still available in some complex personal injury situations, mainly where complex action needs to be taken in order to pre-establish if there is reasonable grounds for a case. However there are proposals by the Legal Services Commissionto remove legal aid for personal injury cases altogether.
After-the-event insurance policy
After-The-Event (ATE) insurance policies provide some solution for the situations where a "No Win No Fee" case has been lost but the losing side still needs to pay the other sides's costs including legal costs and also other costs, eg costs of medical raports, barrister's fees and other disbursements. These insurance policies were developed to specifically cater for these situations.
If the customer is not likely to be able to pay these costs were the case lost, then ATE insurance serves as a kind of guarantee for such situations. After-the-event insurance usually requires upfront payment of the premium, which is usually paid by the customer but in a few cases it has been paid by the solicitor.
If the case is won
If the case is won, regular costs would be recovered from the losing side, but the pre-paid insurance premium was not recovered. Regulations under the Access to Justice Act 1999 introduced the ability to recover the costs of insurance premiums and success fees from the losing side.
More information on no win no fee from Community Legal Advice
No Win No Fee Actions Brochure for UK
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