What no win no fee actually means, in plain terms

It's one of the most used phrases in this industry and one of the least explained. Here's what it covers, what it doesn't, and what you'd actually pay.

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What no win no fee means

"No win no fee" is the everyday name for a conditional fee arrangement, or CFA. It's a written agreement between you and your solicitor which says that if your claim doesn't succeed, you don't pay their fees.

That's the core of it, and it's genuinely how most personal injury claims are funded in England and Wales. It exists because otherwise almost nobody could afford to bring a claim against a well-resourced insurer.

In practice that means nothing to pay to start, the costs of running your claim are met as it goes, and you pay a fee only if it succeeds.

What gets paid for while your claim runs

Running a claim costs more than legal time. There are also third-party costs, called disbursements: medical records and independent medical reports, other expert evidence where a claim needs it (such as an engineer's report on a vehicle or a machine), court fees if proceedings are needed, a barrister's advice on larger or more complex claims, official checks such as insurance database searches and police reports, and interpreters where they are needed.

We arrange these as your claim needs them, and we only commission what the claim actually requires. You aren't asked for money while your claim is ongoing.

What you pay if your claim succeeds

If your claim succeeds, a success fee is deducted from your compensation, as it is at most firms. The law limits that fee in personal injury claims, and it can never be taken from compensation for future care or future loss of earnings, however large that part of the award is.

We explain exactly how the fee is worked out, in writing, before you agree to anything. Disbursements are normally recovered from the other side when your claim succeeds. A cancellation fee may apply if you withdraw outside the 14 day cooling off period.

If your claim doesn't succeed

You don't pay our fees. Where it's appropriate, insurance arranged at the outset protects you against the other side's costs, so a claim that doesn't succeed doesn't leave you with a bill.

Claims made through a portal

Claims made through the Official Injury Claim service and the other claims portals limit which costs the other side can be made to pay. Where that applies, you aren't asked to pay these costs while your claim is ongoing, and we explain how the limits affect you before you start.

When a conditional fee arrangement may not be available

Not every claim can be funded this way, and it's better to say so than to imply otherwise.

  • Claims where the prospects of success are genuinely marginal
  • Claims that fall outside the limitation period without a clear argument for an extension
  • Claims where an alternative funding route already exists, for example legal expenses cover on a home or motor policy, which many people have without realising

If we can't offer a conditional fee arrangement on your claim, we'll tell you that directly and explain why, rather than taking the case on and leaving you exposed.

Check your existing insurance first

Before agreeing any funding arrangement, it's genuinely worth checking whether you already have legal expenses insurance. It's frequently bundled into home insurance, motor policies, and some bank accounts, and where it exists it may cover the claim without a success fee applying.

We'll ask about this as part of reviewing your claim. If you have cover that works, that's the route we'll point you to.

Common questions

Frequently asked questions

Do I pay anything up front?

No. There's no upfront charge to start a claim, and the costs of running it are met as it goes.

Who pays for medical reports and other evidence?

We arrange and pay for the evidence your claim needs as it goes, so you aren't asked for money while it's ongoing. If your claim succeeds, these costs are normally recovered from the other side.

What happens if I lose?

You don't pay our fees. Where it's appropriate, insurance arranged at the outset protects you against the other side's costs, so you aren't left with a bill.

Is the success fee taken from my compensation?

Yes. It comes out of what's recovered for you, it can never be taken from compensation for future care or future loss of earnings, and it's agreed in writing before you proceed.

Can I change solicitors partway through on a no win no fee agreement?

You can, though there may be cost consequences depending on the stage. It's worth getting advice on your specific position before switching.

Is no win no fee available for every claim you take on?

No. It's the usual route for personal injury work, but it depends on the claim. We'll tell you what funding is available for your situation before you commit.

Not sure how your claim would be funded

Tell us what happened. We'll explain the funding options that actually apply to your situation before you commit to anything.

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