The Personal Injury Department at Osbornes acts for most of our clients on a “No Win No Fee” basis.
How does No Win No Fee work?
We assess your case and advise you if we think you will win, in which case we will offer to pursue the claim for you.
We will enter into a No Win No Fee agreement (Conditional Fee Agreement) with you. This means your legal fees will be charged to the opponent at the end of the case and only if you win. If you lose you pay nothing.
For more details or if you have any questions please ask a No Win No Fee Solicitor in our Personal Injury team.
If your case is successful
- You are paid compensation by your opponent
- Most of your legal fees are also paid by your opponent
Government policy and the changes to No Win No Fee
No Win No Fee arrangements granted ordinary people access to justice without the worry of being saddled with unaffordable legal bills and other costs. That was because legislation enacted by the government in 1999 made the defendant liable for the cost of funding.
This was the principle of ‘polluter pays’, so that the cost of running cases which did not succeed was met by a levy, or a success fee, together with an insurance premium, on the cases which did succeed, both paid by the losing defendant.
Defendants and their insurers did not like having to meet these additional costs and the insurance industry has lobbied hard for a change in the law.
In January 2010 Lord Justice Jackson published a report on costs in the civil justice system. Jackson recommended that insurance policy premiums and success fees should no longer be charged to defendants. Instead these costs should be paid by the winning claimant themselves from their compensation.
Osbornes Solicitors and other groups that represent injured claimants strongly opposed Jackson’s recommendations. However, the Government has now implemented many of the changes proposed by Jackson in the Legal Aid Sentencing and Punishment of Offenders Act 2012 (“LASPO”) which means that from April 2013 accident victims will have to contribute towards their costs from their compensation.
This success fee contribution is set at a maximum of 25% of the compensation recovered for pain and suffering and past losses.
Do I need to take out insurance?
Another change resulting from the government’s legal reform programme means that there is much less need to take out litigation insurance to cover the opponents costs if the case is unsuccessful, and many clients will now choose not to take out insurance.
We will advise you about insurance before your claim is started.