No Win No Fee Solicitors | Edinburgh & Lothians

The Basics

No win no fee solicitors in Edinburgh and the Lothians may be able to help with some personal injury or medical negligence claims, but the arrangement is not automatic and not every solicitor offers it for every type of case. In broad terms, no win no fee usually means the legal fee is linked to whether the claim succeeds, with any success fee and other costs explained in the agreement before work starts. To explore whether this route may be available, get a free consultation with First4Lawyers, who can look for a suitable no-win-no-fee solicitor for your circumstances.

If you are comparing no win no fee solicitors in Edinburgh, it helps to understand the practical details rather than just the headline phrase. Ask what fee may be deducted if a claim succeeds, what happens if it does not, whether disbursements such as reports or court fees are involved, and whether any insurance is used to manage cost risks.

Conditional Fee Agreements

No Win No Fee is a term in the UK commonly used to describe Conditional Fee Agreements (CFA) between lawyers and their clients. In general, a CFA allows a solicitor to take on a claim without charging their normal legal fee upfront, with a success fee becoming payable if the claim succeeds. In many UK personal injury claims, that success fee is often capped at up to 25% of certain parts of compensation, but the exact wording of the agreement matters. If a claim is unsuccessful, there may still be questions about disbursements, opponent costs, and whether “After the Event” (ATE) insurance is in place to cover particular risks. The insurance premium and case expenses may be dealt with as part of the claim or agreement, so readers should check the paperwork carefully. Not all types of cases allow no win no fee arrangements. Family and criminal cases do not allow CFAs to be used.

Types of Cost Components 

There are several cost components to be aware of when comparing the benefits, risks and possible disadvantages of a No Win No Fee Agreement:

• Basic Charges or Standard Fee – Fees associated with legal work done on behalf of a client.  Typically based on the number of hours spent and hourly rates associated with the staff involved with case. Different lawyers in Edinburgh & Lothians will have different fees for their day-to-day work, and these can vary between practices, and between qualified solicitors within a practice.
• Disbursements – Payment for expenses made on behalf of the client including but not limited to court fees, experts’ fees, accident report fees and travelling expenses.
• Success Fee or “Uplift” To compensate for the cost of lost cases, lawyers typically are allowed to add a success fee or ”Uplift” in the CFA.   This is usually a percentage (not more than 100%) of a lawyer’s basic charges that is added to a client’s bill for which they will seek to recover from the other party if they win the claim.
• After the Event (“ATE”) Insurance Premium – Cost of Insurance as part of a no win no fee agreement to indemnify the costs and disbursements of the lawsuit.  Usually purchased at or after the start of the litigation process.

Advantages and Disadvantages

Advantages

• Because the cost to the client is linked to the outcome of the case.  For an unsuccessful case, there is the possibility that the client pays little or no cost.
• Required disclosure of a CFA to the other party may encourage earlier settlement as the other party’s cost will increase in line with the level of the success fee.
• Any damages awarded to the client will not be eaten up by the success fee, as the success fee will in most cases be payable by the opponent.

Disadvantages

• There is no privilege, nor privacy attached to the funding arrangement in place. The existence of the CFA must be disclosed to the other party at the outset of the litigation and the risk assessment has to be disclosed to the court and if necessary to the other party when costs are assessed.
• A CFA gives the lawyer a financial interest in the litigation and because of this they are inclined to take control of the strategy and resolution of the litigation.
• Unless the client buys ATE to cover the winning party’s costs, the client is still at risk to pay those costs.

To search for a specific solicitor, try the Solicitors Regulation Authority website, which lists all the law firms and people regulated by the Solicitors Regulation Authority. If you want a general starting point for no win no fee solicitors in Edinburgh and the Lothians, you can also visit our partner First4Lawyers for a free no-obligation chat.