Clinical negligence and no-win, no-fee solicitors
No-win, no-fee clinical-negligence claims are offered by a range of law firms in the UK.
Also known as Conditional Fee Arrangements (CFAs) these traditionally operate by allowing the solicitor to charge a double ‘success fee’ if they win, to make up for not charging at all if they lose. Following a recent change in the law, the success fee is recouped from the compensation to the claimant.
Visit our clinical negligence claims pages to learn more about these types of claims.
The costs of no win, no fee
It’s important to know that legal fees are not the only costs in clinical negligence claims and conditional fee arrangements may well not cover all of them.
Some firms of solicitors may pay the disbursements themselves, or defer them to the end of the case, but otherwise they will need to be met up-front by the client. These can include:
- Court fees
- Expert witnesses
- Medical reports
In English law the general rule is that the loser pays the winner’s costs, since they were responsible for the case being brought. This is true even in the case of a CFA. Many household insurance policies will cover these costs, provided they are notified of the case when it begins.
If the client does not already have insurance, most clinical negligence firms will help them to obtain ‘after the event’ insurance.
This will cover the opposing side’s costs if the case is lost and the premium is usually only payable in the event of a successful case, being recouped as part of the costs order.
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