The Basics

No win no fee solicitors may be available for people in Hartley Wintney, but the arrangement is not offered by every firm or for every type of claim. It usually means a solicitor agrees how their fees will be handled if the claim succeeds or does not succeed, so the exact wording of the agreement matters. To discuss whether a Hartley Wintney enquiry may fit this type of arrangement, get a free consultation with First4Lawyers, who can help match you with a solicitor for your specific circumstances.

If you are searching for no win no fee solicitors Hartley residents can access, it is worth separating the simple headline from the practical detail. The phrase can reduce the worry of paying legal fees upfront, but it does not mean every cost disappears or that every claim will be accepted. A solicitor or claims professional can explain the funding terms before anything is agreed.

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 explains when the lawyer is paid, what happens if the claim is successful, and what costs may still need to be considered if it is not. The payment position can include disbursements, which are case expenses such as reports or court fees, and may also involve “After the Event” (ATE) insurance to help cover certain risks. The premium, disbursements, and any success fee should be checked in the agreement itself, because not all no win no fee arrangements work in the same way. Family and criminal cases do not allow CFAs to be used.

Types of Cost Components 

There are several cost components to understand when looking at the benefits, limits, 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 Hartley Wintney 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. Alternatively, visit our partner First4Lawyers for a free no-obligation chat about a Hartley Wintney no win no fee enquiry.