No Win-No Fee? -The facts!

“No Win-No Fee” has become a very familiar phrase in the UK both through marketing media campaigns and in a wide range of scenarios from personal injury to all types of civil litigation except family cases which are exempt from these arrangements. Additionally, "No Win No Fee" cannot be used to fund representation in criminal proceedings

In a nutshell, they can be used to ?provide access to justice for those who cannot afford to pursue litigation and who are not eligible for legal aid.

Whilst ‘no win, no fee’ agreements are usually used by those who would otherwise have no legal representation such a funding arrangement is open to any claimant, regardless of ability to pay lawyers’ fees. People who come to me as a volunteer advocate or after one of my employment or equality ?law training courses seeking help with various detriments, they have suffered in the workplace or injuries elsewhere have found “No Win-No Fee” arrangements to be really helpful.

Should a claimant win, lawyers acting on the basis of a ‘no win, no fee’ agreement will claim a ‘success fee’ on top of the costs paid by the losing side. Should the claimant lose, the lawyers are not paid for their work on the case.

There are points of convergence and divergence between some of the "No Win No Fee" arrangements in England & Wales? jurisdictions and those in Northern Ireland & Scotland.

Helpfully, the House of Commons Research Library has drawn up a really good briefing-link below – which sets out the prevailing position in all these countries as well as on-going ?debates/consultations.

The briefing includes sections on:-

·???????? No win, no fee agreements in England and Wales

·???????? Who pays in civil litigation?

·???????? Conditional Fee Agreements (CFA’s)

·???????? Legislative history

·???????? Human rights compatibility

·???????? Review ?by Lord Justice Jackson on costs

·???????? CFAs after Jackson

·???????? Damages-based agreements

·???????? No win, no fee agreements in Scotland

·???????? Speculative fee arrangements

·???????? Damages-based agreements

·???????? Sheriff Principal Taylor’s review on costs in Scotland

·???????? Northern Ireland-there are some very different arrangements here

https://researchbriefings.files.parliament.uk/documents/SN03207/CBP7607.pdf

When things go wrong!

As with all matters involving money, things can go wrong. And the Legal Ombudsman has become increasingly concerned about the operation of some ‘no win, no fee’ legal services.

They have ?made conduct referrals to regulators about the way some law firms have handled these agreements. They say their referral scheme has also made financial remedies to consumers amounting to almost ￡1 million in the year covered by their report.

The report in the link below headed “Complaints in Focus” is particularly good because of its use of? six case studies set against what was expected best practice.

https://www.legalombudsman.org.uk/media/5zon1hb1/250121-complaints-in-focus-cfa-report-v3-140103.pdf

More Help and Advice!

Additionally, the House of Commons Library have also produced another briefing under the heading “ Legal Help: where to go and how to pay”.

Link below.

https://researchbriefings.files.parliament.uk/documents/SN03207/SN03207.pdf

You will see that it provides information about sources of legal help and advice, and how to pay for it, including:

• Finding legal help;
• Self-representation;
• Legal aid;
• Pro bono legal help;
• Other ways of finding legal advice, including organisations which provide help and advice in connection with specific legal issues. And there are dozens!!!

Legal help or advice should always be sought and given by a suitably qualified person with professional liability insurance.

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www.qedworks.co.uk

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?#nowinnofee