No Win No Fee Agreement

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You may wish to fund you claim by entering into a No Win No Fee Agreement with us. These are often referred to as Conditional Fee Agreements.

Under a No Win No Fee Agreement you will not have to pay our legal costs if your claim is unsuccessful.

How does a No Win No Fee Agreement Work?

If your Claim is Successful

If your claim is successful you will be liable to pay our legal costs and disbursements plus a ‘success fee’ (to reward our firm for the risk we take when we make our fees conditional upon the success of your claim). You will usually be able to recover part or all of our costs and disbursements from your opponent but you cannot recover our success fee, this must be paid by you.

It will not be possible to recover any costs from your opponent over and above those which would normally be incurred in a straightforward claim of this nature or which have been incurred as a result of your opponent’s conduct. It will not be possible to recover from your opponent any increase in costs that is caused by your own conduct. For example it would not usually be possible to recover costs relating to updating you as to the position of your claim or if you wished to obtain further medical evidence over and above what would normally be required. Any increase in costs caused by your conduct which is not recovered from your opponent will be deductable from any compensation award recovered.

Success Fee

The success fee will never be more than 100% of our costs (i.e. you might pay double the amount of our fees) and cannot be equal to more than 25% of the damages that you are awarded for pain, suffering and loss of amenity and other past losses.

Disbursements

If your claim is unsuccessful you will still have to pay our disbursements. You will not normally have to pay your opponent’s costs and disbursements unless;

  • Your claim is found to be fraudulent on the balance of probabilities;
  • You have failed to beat your opponent’s Part 36 Offer to Settle i.e. your opponent offered you a payment to settle out of court which was higher than the amount of damages that you were awarded at court;
  • The case has been struck out because you have disclosed no reasonable cause of action or where it is otherwise an abuse of the court’s process.

  • Insurance

    We may advise you to consider After the Event insurance (see below) to cover the risk that you fail to beat a Part 36 offer, if this becomes necessary.

    We will assess the strengths and weaknesses of your claim and inform you if we are prepared to enter into a Conditional Fee Agreement with you. Should the case change, and particularly if it transpires that you have failed to disclose any relevant information to us, we reserve the right to withdraw from the Conditional Fee Agreement and you may become liable to pay our past and future fees on a private basis.

    For more information Call Philip Thompson, Mark Thompson, Jacqueline Rafferty or Helen Roberts free on 0800 7313982

    or

    Fill in our Contact Form and we will call you at a time to suit you to discuss your claim further

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