I will keep the content of this article general, because different firms work in different ways. So generally speaking, a No Win, No Fee agreement is a contract between a solicitor and a client that normally means the client is not charged in the event their case loses.
So how can we offer to do this? Who pays us if we lose? Well, nobody pays us if we lose. It’s No Win, No Fee, so we won’t be looking to come to you for fees. But it’s not some big secret or trick as to how we can offer the No Win, No Fee agreement. Really it’s all about our perception of the risk of your case.
We will assess your claim and we will make an informed decision as to whether we think we can win the case or not. If we feel there are good prospects that the case will win, we might be able to offer the No Win, No Fee guarantee. If we feel the risks of the case outweigh the benefits of trying to pursue it, we may not offer a No Win, No Fee agreement.
So that’s how we do it! It’s all about whether we are confident enough that we can win the case. It’s entirely our prerogative as to whether we are happy to fund your claim based on our perception that we can win the case. So it’s our choice to take the risk that we may not win and therefore may not be paid.
It is also worth mentioning that for many cases it doesn’t really cost us a lot of money to get a letter sent to the Defendant and assess what evidence they have in support of their denial of liability. We can assess a case much more once we have received evidence that may absolve them of responsibility. If they do intend to defend the claim, we can reassess the case and make a further informed decision as to whether we still believe there are prospects to succeed with the claim. If we feel there is little chance of beating their defence, we may discontinue the claim and waive our fees under the No Win, No Fee agreement.
