The Basics

No win no fee solicitors are available for many types of claim in Milton Keynes, but the arrangement is not offered by every firm or for every situation. If you are comparing no win no fee solicitors in Milton Keynes, it helps to check what type of claim they handle, how the success fee is explained, and what costs could apply if the case does not succeed. You can get a free consultation with First4Lawyers, who can help identify whether a suitable no win no fee solicitor may be available for your circumstances.

If you are dealing with an injury, medical negligence concern, or another difficult claim, the phrase “no win no fee” can sound reassuring but still leave important questions unanswered. The main point is that the agreement should explain what happens if the claim succeeds, what happens if it does not, and what deductions or insurance costs may be involved.

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 broad terms, a CFA allows a solicitor to work on a claim without charging the usual legal fee upfront, with a success fee becoming payable if the claim succeeds. If the claim is unsuccessful, the agreement should explain what, if anything, remains payable, including disbursements such as expert reports or court fees. Some claims also use “After the Event” (ATE) insurance to help cover certain risks, including the possibility of opponent costs. The detail matters, so people in Milton Keynes looking at a no win no fee solicitor should read the agreement carefully and ask how costs, insurance and deductions would work in practice. Not all types of case can be handled this way; 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 considering the benefits 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 Milton Keynes 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 in Milton Keynes, try the Solicitors Regulation Authority website, which lists the law firms and people regulated by the Solicitors Regulation Authority. Alternatively, visit our partner First4Lawyers for a free no-obligation chat about whether a no win no fee route may be available.