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Thorneycroft News for January 2013

No Win, No Fee

18th January 2013

What is a No Win No Fee Agreement?

We provide you with initial advice regarding your claim at no cost. From this we can determine the best funding option for your claim, which in many cases will be “No Win No Fee”*.

After assessing your claim, your solicitor will explain to you fully how your claim will be funded, including whether you are covered under any legal expense insurance.

In the event that you have no legal cover, then we can act upon your behalf on a No Win No Fee Agreement which essentially means that if you lose the claim, then you pay nothing towards our legal fees whatsoever.

How does it work?

In the event that we succeed in recovering damages upon your behalf, then we undertake to limit the unrecovered legal fees that you are liable to pay us under the terms of the Conditional Fee Agreement to a maximum of 25% of your damages. ** If the case is lost, we take no fee whatsoever, and therefore nothing is payable by you towards our legal fees.

What happens to the Defendant’s costs if I lose the claim?

In the event that you are awarded damages, but fail to beat an offer made by the Defendant’s then you would be ordered to pay the Defendant’s costs up to a maximum of the level of damages that you are awarded, leaving you with nothing. If you take out an After The Event Insurance Policy, which we strongly recommend that you do, then this insures you against losing any of your damages as it covers the Defendants legal costs, subject to its terms and conditions and following our own legal advice on any offers made. In the event that you succeed with your claim, the cost of the Policy is deducted from your damages. However, in the event that you were to lose your claim, the Policy is self insuring, meaning that nothing would be payable by you as the cost of the policy is part of the insurance cover.

Frequently Asked Questions

Please refer to the home page of the website for more information on frequently asked questions about how your claim is funded under a Conditional Fee Agreement.

*No win No Fee does not apply to criminal injuries, group actions, or accidents outside England and Wales. Subject to compliance with the terms of your funding arrangements.

** Subject to entering into, and complying with the terms of a No Win No Fee Agreement with us.