What "no win no fee" means (and why we do not refer claims)
“No win no fee” usually means a conditional fee agreement. If your claim fails, you typically do not pay your provider for their costs. However, you could still owe the other side’s costs, and your provider may take a fee from any compensation. London Solicitors Guide does not refer, match or sell claims, so this guide gives information only.
The short answer
A conditional fee agreement links what you pay to the result of your claim. The SRA guide to these agreements says that if you are unsuccessful, you typically do not pay your provider for their costs. That is why people call them “no win, no fee” deals.
The phrase can sound simpler than it is, because several costs sit around the agreement. A success fee, other side’s costs and insurance can all matter. The sections below explain each one.
This site lists no firms, has no claim checker and refers no claims, so nothing here steers you to a firm. The final section explains the reasons.
What if you lose
The SRA guide says that if you are unsuccessful, you typically do not pay your provider for their costs. That is the main appeal of the arrangement. However, the guide adds that you could be responsible for paying the other side’s costs.
This difference matters, because “no fee” does not mean “no risk”. Your provider’s costs and the other side’s costs are two separate things. The agreement may deal with the first, while the second can still arise.
The SRA guide also says your provider may take a fee to cover the costs they incur in running the claim. This is often a percentage of the compensation. Therefore, a win does not mean you keep everything you are awarded.
Ask your provider to explain, in plain words, what you would owe if the claim fails and what you would give up if it succeeds. Do not rely on the label alone, since the details sit in the agreement itself.
The success fee
A success fee is an uplift on the lawyer’s normal fees. Under article 3 of the Conditional Fee Agreements Order 2013, the maximum success fee for proceedings in general is 100 per cent. Article 5 sets different rules for personal injury proceedings.
In personal injury proceedings at first instance, the success fee is 25 per cent. It applies to damages for pain, suffering and loss of amenity, and to past pecuniary loss. The figure for past loss is net of sums recoverable by the Compensation Recovery Unit. In all other proceedings, the percentage is 100 per cent.
Article 4 names a claim for personal injuries as the kind of proceedings to which the 25 per cent cap applies. Article 6 lists exceptions, for example diffuse mesothelioma claims. As a result, the cap does not cover every claim in the same way.
These are caps, not prices, so your own agreement may state a lower figure. Ask what percentage your agreement uses and what it applies to. For general background on a claim type, see our personal injury page.
Insurance
The SRA guide refers to insurance that protects you by covering costs should the claim be unsuccessful. This matters because of the risk of owing the other side’s costs. Insurance may address that risk.
However, the guide does not say that every agreement includes insurance, or what any policy covers. Therefore, never assume you have cover. Ask whether insurance forms part of your arrangement, who arranges it and what it covers.
If a policy exists, ask to see its terms. Look for what it pays for and what it leaves out. Because policies differ, a short written explanation from your provider is worth asking for.
Checking before you sign
Before you sign, take time to read the whole agreement. Ask what you would pay if the claim fails, and ask what the success fee is. Ask what insurance covers, and whether the provider takes a fee from any compensation.
The Law Society lists a Personal Injury accreditation for practitioners. It says these practitioners can tell you whether you have a case. They can also say how much compensation you might get and what it will cost you. Ask a provider whether they hold it, then check the answer for yourself.
Keep written answers to your questions. For example, a short email confirming what you would owe in each outcome gives you something to compare later.
If cost worries you, our guide to free legal advice and legal aid in London covers other routes. Whichever route you choose, confirm the provider is regulated. The check-a-solicitor page shows how.
Why this site does not refer claims
London Solicitors Guide does not refer, match or sell personal injury claims. It lists no firms and has no claim checker. Because it is an independent guide, it also takes no fees for introductions.
There is a legal reason for care here. Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 puts rules against referral fees on regulated persons. A regulated person breaches it if they refer prescribed legal business and receive payment for the referral. They also breach it if they pay for a referral made to them.
Our guide to why personal injury referral fees are banned explains the rule in more detail.