No Win No Fee
These agreements are often referred to as ‘no win no fee’ agreements because under such an agreement you will not have to pay our legal costs if your claim is unsuccessful.
If your claim is successful you will be liable to pay our legal costs and disbursements plus a ‘success fee’ (to reward our firm for the risk we take when we make our fees conditional upon the success of your claim). You will usually be able to recover part or all of our costs and disbursements from your opponent but you cannot recover our success fee, this must be paid by you out of your compensation.
The success fee will never be more than 100% of our costs (i.e. you might pay double the amount of our fees) and cannot be equal to more than 25% of the damages (as specified by law) that you are awarded. So you are going to receive at least 75% of the compensation that you are awarded.
If your claim is unsuccessful you will still have to pay our disbursements although we may arrange for you to be insured (see After the Event Insurance below) so that the insurance pays for this, but you might still have to pay for the insurance. You will not normally have to pay your opponent’s costs and disbursements unless;
(A) You are found to have acted in a way that is fundamentally dishonest ;
(B) You have failed to beat your opponent’s Part 36 Offer to Settle i.e. your opponent offered you a payment to settle out of court which was higher than the amount of damages that you were awarded at court;
(C) The case has been struck out because you have disclosed no reasonable cause of action or where it is otherwise an abuse of the court’s process.
We may advise you to consider After the Event insurance (see below) to cover the risk that you fail to beat a Part 36 offer, if this becomes necessary.
We can provide you with a very detailed explanation of your options – if you call us for further information.
After the Event Insurance
If your claim is unsuccessful you may still have to pay our disbursements and the fees and disbursements of the other side (see B above). Therefore, to protect you against this possibility we may recommend later that you take out an insurance policy known as an ‘After the Event’ policy (ATE).
You will be liable for the cost of the insurance policy premium should you accept our advice to take out After the Event insurance.
If we do recommend that you obtain such a policy we will recommend a suitable policy to you and, on your instructions, will arrange this policy. You are not obliged to take out the policy we recommend and you should seek independent financial advice if you have any concerns about our recommendation.
Similarly, if we do not believe that taking out a policy is in your best interests, we will advise you accordingly.
We will set out the reasons why we believe that you need an ATE policy and why we believe the policy that we have recommended meets those needs in a ‘Demands and Needs’ statement. We are not financial advisers and do not conduct an analysis of the insurance market when making any recommendations and only do so because we are confident that that policy will meet your requirements.
Simpson Sissons & Brooke LLP is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts.
This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.
We are required to inform you that the Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society's representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society. Complaints are handled by the Legal Ombudsman.exceptional