Book Excerpt

Here is a section of text from a recent book about UK Law:

How Does it Work

You will have heard about it many times, advertisements are regularly on the television, as well as in newspapers and magazines.  Everybody is talking about “no win no fee” as though they know exactly what they are talking about.  However, it also seems as though people feel that it means the service is free for you and that is probably not entirely true…

What is a “No Win No Fee” Arrangement?

The official term for a no win no fee arrangement is a conditional fee arrangement.  These arrangements, in a nut-shell, mean that solicitors’ fees are recovered from the other side if their claim is successful.  Usually, the arrangement will also mean that if they are unsuccessful, they will not receive any fees.  However, this is where you need to be particularly diligent before signing the agreement, as you could be held responsible for the fees should your claim not be successful.  Legal expenses insurance is usually in place for this, so ensure you check with all your forms of insurance (car, home, life, etc…), whether legal expenses insurance is included in your policy.  If not, you would be able to enter in an “after the event” policy, of which your solicitor should be able to inform you.

One other thing you need to study before entering in any form of arrangement is the flip side: no win no fee should mean win fee, meaning that if your case is won, you will have to pay fees.  These can be substantial, so make sure you know exactly what the fee is if your case is successful.  Luckily, many solicitors now also recover these fees from the other side, but make sure you have looked into this properly.

So How is it Possible?

Well, it is a specific beauty of English law: the court case loser will be expected to pay all of the costs for the court case including the winners.  This is, once again, where you need to be very careful: if your side is the losing side, you will be responsible for the winner’s costs.  This includes any disbursements, for example the costs of expert witnesses.  Because of this, solicitors will often be reluctant to proceed to a court case if they feel the other side has a good chance of winning.  Although insurance can be put in place to cover you in case your side loses (the after the event policy discussed above), a solicitor is unlikely to proceed with a case in front of a court unless they are quite sure that they will win. No win no fee lawyer Swindon

It Sounds Like I Could Lose Lots of Money, Should I Just Not Bother?

No win no fee is a fantastic arrangement if you feel you have been treated unfairly.  The system is such that you will most likely not have to pay anything, unless you lose your case.  This is extremely rare, as a solicitor will review your case first before proceeding to a hearing.  Overall, a no win no fee solicitors arrangement is definitely one to consider, just make sure you read your arrangement before signing it! No win no fee solicitor Oxford

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