Most claims and personal injury cases are now dealt with by a no win no fee solicitor using a conditional fee agreement (CFA). There is a lot of misunderstanding amongst the general public as to what such an arrangement actually means and there is a frequent misconception that there is never any charge to the client. The fact is that solicitors are allowed to charge their clients under a CFA provided that the case is won and the client receives compensation however most legal firms do not make any charge to their clients from the compensation received and rely on the court ordering the defendants insurers to pay some or all of the legal costs of the claimant in addition to any compensation actually awarded. The court does not always award full costs to the claimant and it is in this situation that a solicitor may look to their clients to make up the shortfall from the compensation. The UK Occupational Illness Solicitor’s Network panel members never make any charge to any client in any circumstances whatsoever and always pays compensation in full with no deductions.
It is not always necessary to enter into a CFA with a no win no fee solicitor especially if the proposed claimant has legal expenses insurance cover which often indemnifies the claimant against potential losses in a court case and will usually also pay the solicitor to take legal action at no cost to the insured client. Legal expenses insurance policies may be part of household insurance cover. It is a matter of some importance to check in advance of entering into a CFA scheme as the existence of insurance cover to take legal action often invalidates a CFA which may cause substantial legal costs problems in the future.
One matter which must be considered when taking legal action in a court of law is what happens if the claimants case is lost. Under normal circumstances the losing side in any court action will be ordered by the court to pay the winners legal costs. If the claimant loses this can be a double blow as not only has the claimant not received the anticipated damages but may also be ordered to pay substantial legal costs. The claimant’s no win no fee solicitor deals with this problem by taking out a policy of insurance to cover the claimant against the payment of costs and expenses in the event of a loss. The premium for this policy can be substantial however The UK Personal Injury Solicitor’s Network panel members do not ask the client to pay for this cover which they fund themselves.
The UK Occupational Illness Solicitors Network operates nationwide and will deal with compensation claims using the no win no fee scheme. Compensation is always paid in full with absolutely no deductions and there is no need to finance your claim. If the case is lost you still pay nothing. If after talking to us you decide not to take matters further then you are under no obligation to do so and you will not be charged for our advice.
