A ‘No Win, No Fee’ Agreement is also called a Conditional Fee Agreement or a CFA. It is a type of funding arrangement that allows you to bring a claim without the worry of what it may cost you if your claim does not succeed.
Claims and legal costs
When you bring a medical negligence claim you become liable to pay:
- Our fees, which are charged on an hourly rate basis; and
- Our out-of-pocket expenses (“disbursements”) that we incur on your behalf. For example, the cost of obtaining a medical report from an expert would be a disbursement.
A ‘No Win, No Fee’ agreement relates just to our fees. If you don’t win your claim, you do not pay us anything in fees. You would still be liable for our disbursements, but we would recommend at the outset that you take out an insurance policy to cover those costs.
What do I pay if I win?
If you have a ‘No Win, No Fee Agreement’ in place, most of your basic legal costs and disbursements will be paid by your opponent.
Any of the legal costs your opponent is not required to pay will be deducted from your compensation award once your claim has successfully concluded. This means that we will not ask you to pay any costs during the investigation of your claim. There are limits on the deductions that can be made from your compensation, so you can be sure that you will receive the majority of it.
Any disbursements not paid by your opponent will be paid by your insurance policy or, if you don’t have a policy, by you. Your insurance premium will need to be paid once your claim has concluded. Some of this will be payable by your opponent, with you funding the balance.
What do I pay if I lose?
If you have a ‘No Win No Fee Agreement’ together with an insurance policy, there will be no cost to you at all, if your claim is unsuccessful. All of our legal fees will be written off entirely.
If you have an insurance policy then this will pay for any disbursements. If you do not have an insurance policy you would need to pay for these yourself. You will not need to pay the insurance premium if your claim is unsuccessful.