No Win, No Fee explained: questions to ask before agreeing

What does the phrase mean?

No Win, No Fee commonly describes a conditional fee agreement. Under that agreement, payment of some legal fees depends on whether the claim succeeds, but the precise position is governed by the written terms.

It should not be presented as a promise that there can never be any cost or risk. Eligibility, possible deductions, expenses, insurance and what happens if an agreement ends early all need to be explained for the particular arrangement.

Questions to ask before signing

Ask for clear answers and take time to read the agreement. Useful questions include:

• What counts as winning or losing under the agreement?
• What success fee or other amount could be deducted if the claim succeeds?
• How is any success fee calculated and does VAT apply?
• Who pays for medical reports, court fees and other expenses?
• Is after-the-event insurance recommended and what does it cover?
• What could I have to pay if I end the agreement or do not follow advice?

Free alternatives for some road traffic claims

Some eligible adults with lower-value road traffic injury claims can use Official Injury Claim themselves, free of charge and without legal representation. Its criteria include the type of road user, accident date and claim value.

You do not have to instruct a solicitor where that service is available. If you choose representation, the solicitor should explain charges and potential deductions before you decide.

Take the wording seriously

Marketing summaries cannot replace the funding agreement. Ask for anything unclear to be explained in plain language and keep a copy of the documents you sign.

At Clearway Injury Claims, No Win, No Fee may be available only after assessment and subject to eligibility and terms. Ask for the proposed funding arrangement to be explained before deciding whether to instruct the firm.