NO WIN NO FEE

The term "no win no fee" is the common name for what lawyers call a "conditional fee agreement" or CFA. These arrangements were introduced following the removal of legal aid for personal injury claimants although legal aid is still available for medical negligence claims. A CFA is defined in The Access to Justice Act 1999 as:

"an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them to be payable only in specified circumstances."

Solicitors do not use a specific agreement and in effect they draft their own which must accord with the general principles outlined in the act and with the Law Society’s requirements. These agreements can and often do vary considerably and it is important that the terms of the agreement are fully explained and understood.

Some solicitors will expect disbursements to be paid by the client whereas other solicitors will finance the entire claim and will expect no contribution from the client. It is usual in medical negligence cases for the client to bear some of the financial responsibility although that position is always open to negotiation. If the claim is won then there is not usually a problem as the other side must repay the expenses incurred however if the case is lost then the claimant who has paid his own disbursements may be out of pocket unless he has insured his position.

In addition there are certain charges that a solicitor can make to a successful client under the terms of most CFA agreements which does not always mean that compensation is paid in full with no deductions.

There are other methods of financing medical negligence claims including

• Union Funding
  Trades Unions often have private legal aid arrangements for their members and will finance claims however this is becoming less common since the introduction of CFA’s. Prior to entering into a solicitors CFA union members should always enquire with the union head office as to the availability of union funding.
• Pre-event Insurance
  Home insurance and occasionally other types of policy sometimes contain cover to finance legal action including medical negligence claims. Any policies which may be relevant should be carefully studied or handed to a solicitor for review prior to entering into a CFA agreement.
• Legal Aid
  Public funding may be available if the applicant satisfies the financial requirements of the DSS and the parameters of the ‘Legal Services Commission.’ Legal aid may be limited to enquiries only in the initial stages and it may be necessary to make a financial contribution.

We are a national network of independent solicitors who deal with clinical negligence compensation claims and we are all members of The Law Society panel of medical negligence experts. We are franchised to make an immediate application for legal aid and for those who do not meet the financial criteria for public funding we are prepared to consider talking action under the no win no fee scheme. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.