SDS Solicitors > No win no fee

No Win No Fee Solicitors in Manchester

The idea of a Conditional Fee Agreement (“CFA”) is to enable us as your solicitors to take on your case on a “No Win, No Fee” basis i.e. we will not charge you anything if you lose the case. We will do this for you if we think that we can win the case.

At the outset of your case or as soon as we are able to do so, we will let you know whether we feel able to undertake your claim on a No Win No Fee basis. This means that if your case is successful you should be awarded compensation. Where successful you will usually be entitled to recover some of the costs from your opponent. You will be given credit for any costs recovered against what you will have to pay. You will have to pay us a “success fee” but this will be limited so that your contribution is no more than 25% of your damages for pain, suffering, loss of amenity and past losses. If you do not recover compensation then we will not charge you for the work that we have carried out. Our ability to offer such an agreement will depend entirely upon the merits of your case and will be discussed with you before you formally instruct us. In successful cases an insurance premium and other costs could be payable.

2) Legal Expenses Insurance

You may already have the benefit of a legal expenses insurance under or as an addition to your motor policy, home insurance policy or even with a credit card. You will need to check carefully if you have such protection. If you do we can undertake your claim for you by arrangement with your legal expense insurance company and if you give us their details we will contact them to arrange this on your behalf.

If you have legal expenses insurance cover your legal expense insurer may contact you to arrange for your representation, however, you are free to choose your own legal representatives and you should not feel pressured or obliged to instruct a solicitor chosen by your insurer. If you tell us who your legal expense insurer is we will contact them for you and arrange for them to cover you with us.

Why instruct us?
What is a Conditional Fee Agreement?
How does a Conditional Fee Agreement Work?
How much is the Success Fee?
Who pays your costs and the Success Fee?
What if you lose?
What Are “Disbursements”?
At Worst, What Do You Stand To Lose?
What If I Already Have Legal Expenses Insurance?

Why instruct us?

Whatever your case you have the right and freedom to instruct the solicitor of your choice. We are independent of any insurance company and always act with your best interests in mind and to ensure you get the best results. If you wish to claim following an accident or have suffered from Clinical Negligence (previously called Medical Negligence) or an Industrial Disease we have all the right expertise. Sheldon Davidson Solicitors deal exclusively with Clinical Negligence, Industrial Disease and Accident Claims. We will work for you on a “No Win No Fee” basis and our initial advice is always free of charge and without obligation. Contact us to see how we can help.

If you already have legal expenses insurance cover you can still instruct the solicitor of your choice. We shall contact your insurer to confirm cover and their authority for us to act. Alternatively, where no pre-existing legal expenses cover is in place we can arrange “After the Event” Legal Protection Insurance so you are fully covered and protected against the legal costs of making your claim.

Back to top ^

What is a Conditional Fee Agreement?

A Conditional Fee Agreement (“CFA”) will enable us as your lawyers to take on your case on a “No Win, No Fee” basis i.e. we will not charge you anything if you lose the case. We will do this for you if we think that we can win the case.

Back to top ^

How does a Conditional Fee Agreement Work?

At the outset of your case or as soon as we are able to do so, we will let you know whether we feel able to undertake your claim on a CFA. We will need to consider if there are other ways in which your claim can be funded.

If not, then we will weigh up your case and the risks attached to it and where appropriate complete the CFA documents and deal with any other relevant paperwork. This means that if your case is successful you should be awarded compensation. Where successful you will usually be entitled to recover some of the costs from your opponent. You will be given credit for any costs recovered against what you will have to pay. You will have to pay us a “success fee” but this will be limited so that your contribution is no more than 25% of your damages for pain, suffering, loss of amenity and past losses. If you do not recover compensation then we will not charge you for the work that we have carried out.

Back to top ^

How much is the Success Fee?

The success fee is a charge that we make at the end of the case. This reflects the fact that we are taking a risk in handling your case on a CFA because if we do not win we will not be paid anything. The success fee is expressed as a percentage figure and is based on a percentage of the fees and NOT as a percentage of your compensation. However no matter what the success fee is set at your contribution will be no more than 25% of your damages for pain, suffering, loss of amenity and past losses. The success fee is worked out at the beginning of your case and is calculated by reference to how complex the case is and the chances of winning.

Back to top ^

Who pays your costs and the Success Fee?

If your claim is successful then as well as paying you compensation your opponents will be liable for some if not all of your costs and expenses (disbursements), however, your opponent or their insurer will not be liable for the success fee. You will have to pay the success fee which will be met out of your damages but cannot exceed 25% of the damages awarded for pain, suffering, loss of amenity and damages for pecuniary loss (monetary) other than future pecuniary loss, in other words future loss of earnings.

Back to top ^

What if you lose?

You need to know that as a general principle the loser of a case may have to pay the winner’s costs and so even with a CFA you need to be insured against the risk of you losing and having to pay your opponent’s costs and your own expenses (disbursements) other than our fees e.g. court fees, expert’s fees such as doctors providing medical reports about you etc. In conjunction with the CFA you are advised to have legal costs protection insurance. The reason for this is that whilst the CFA exempts you from paying costs to us you may still be responsible to pay some of your opponent’s costs in addition to your own disbursements. You may therefore require an insurance policy to cover this and we can arrange this insurance on your behalf. The premium for this insurance cover will not be payable until the end of your claim and only if you win. If you lose, the cost of the premium is usually self-insured i.e. covered and therefore you will not have to pay anything. We will let you know if we are unable to provide you with a policy on these terms and discuss your options with you.

Back to top ^

What Are “Disbursements”?

As the case proceeds, it will become necessary for certain expenses to be incurred. For example, we may be charged by your doctor or the hospital for supplying us with copies of your medical notes. If we require an expert’s report such as a medical report from an independent doctor about your medical condition, the doctor will make a charge for this. We will also be charged by the court at various stages if we need to begin formal court proceedings and there may be other payments of this nature. These expenses or disbursements as they are called, will remain your responsibility but we will usually arrange to pay them out on your behalf. Your opponent will normally refund your disbursements upon the successful conclusion of your claim. If you lose, but you are protected by insurance, your legal expenses insurer will usually pay these disbursements.

Back to top ^

At Worst, What Do You Stand To Lose?

The benefit of a CFA with insurance is that if you win your case you will receive compensation at no risk, whereas if you lose, apart from the time that you have spent on your claim, your claim will have cost you nothing. You do not have to have a CFA and could decide to accept personal responsibility for our costs, your own expenses and those of your opponent. However, by entering into a CFA you will be avoiding that risk. The whole point about a CFA with an insurance policy is that there is really no risk to you in pursuing your claim. The risk is ours! We will work hard to achieve the success you deserve. Don’t be afraid to ask us to explain in more detail if you need to, and we will be very happy to do so.

Back to top ^

What If I Already Have Legal Expenses Insurance?

You may already have the benefit of a legal expenses insurance or legal protection policy, either under or as an addition to your motor policy. You may also be covered for legal expenses insurance under a household or contents policy or even with a credit card. You will need to check carefully if you have such protection. If you do, or think you do, you should let us know. We can still undertake your claim for you by arrangement with your legal expense insurance company and if you give us their details we will contact them to arrange this.

If you have legal expenses cover, your legal expense insurer may contact you to arrange for representation by their choice of solicitor, however, you are free to choose your own legal representatives and you should not feel under pressure or obliged to instruct a solicitor chosen by your insurer. You are still perfectly entitled to instruct us. If you tell us who your legal expense insurer is, we will contact them for you and arrange for them to cover you with us. Should they refuse cover we may still act for you on no win, no fee in any event.

Back to top ^