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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have asked a firm of solicitors on a no win no fee basis

Resolved Question:

I have asked a firm of solicitors on a no win no fee basis about a medical negligence claim. they now feel that they have enough evidence to proceed on my behalf. They have stated today that their costs will be 25% of the claim and that insurance may be another 10% on top. Are these costs what I should reasonably expect to be deducted from any compensation that I may receive?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The law changed regarding no win no fee, or Conditional Fee Arrangements are they are called (CFA)

Alex Watts :

It used to be that there was a success fee that used to be recovered from the other side if you won

Alex Watts :

The rules changed and this meant that success fees are no longer recoverable from the other side.

Alex Watts :

Clearly there is a risk taking something on a CFA, because if you lose the Solicitor will get nothing

Alex Watts :

There is always a risk taking something on no win no fee and they are entitled to a success fee

Alex Watts :

As I was saying, the law changed and now this means they are entitled to 25% of your damages.

Alex Watts :

The other side no longer are permitted to pay the success fee

Alex Watts :

Therefore the 25% is quite normal.

Alex Watts :

As for the insurance, this is to cover the Defendants costs in the event that you lose

Alex Watts :

This is because the Court rules say that the losing party pays the other sides costs

Alex Watts :

So you are taking out this insurance to cover yourself so you are free of any costs if you lose

Alex Watts :

Of course the other option is to fund litigation yourself, either from your own funds or by taking out a loan.

Alex Watts :

You then wont have to pay the 25% success fee, but you would risk costs if you lost

Alex Watts :

So whilst on first glance it does seem like they are taking 35% but due to a change in the law, this is permitted

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your clarification . I now feel able to sign the documents when they arrive .

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