When you make a claim with the Cauda Equina Solicitors, we will run your claim on a no win no fee basis. In this article we explore no win no fee claims in greater detail, helping you to understand what it means and whether you could be liable to pay any money.
No win no fee explained
No win no fee claims were introduced to the UK in 2005. Known technically as Conditional Fee Agreements (CFAs), they were created to ensure anyone could obtain access to justice, regardless of their social or financial situation.
The law surrounding no win no fee claims changed on 1 April 2013. If you began your clinical negligence claim before this date and it is still ongoing, you will continue under the old rules. However, if you are about to start your cauda equina claim (or it started after 1 April 2013) you will need to know about the new laws.
The first thing to be aware of is that if you do not win, your solicitor will not get paid – hence the name, ‘no win no fee’. Theoretically if you lose, you will be responsible for the other side’s costs. However, this is not something you need to worry about, as you will be protected from having to pay.
This is because at the beginning of your claim, your solicitor will arrange an after the event insurance policy on your behalf. Should your claim be unsuccessful, this policy will cover the other side’s costs, and any other expenses you may have incurred. Therefore you will not have to pay a penny should you lose your claim.
On the other hand if you win your cauda equina claim, your solicitor will be entitled to recover their fees. In the past, this was paid by the losing side. But under the new laws, your solicitor can only recover their success fee from your compensation settlement. Nevertheless, this is capped at 25% of your damages.
If you win, the other side will be responsible for any other costs that have been incurred. Therefore you will not have to pay for anything, although your solicitor’s fee will have to be deduced from your damages.
Can you make a no win no fee cauda equina claim?
No win no fees offer you complete financial protection. If you would like to know more about no win no fee cauda equina claims, please feel free to contact us at the Cauda Equina Solicitors.