No Win No Fee & Costs — 10 Frequently Asked Questions
Most personal injury claims in England and Wales are funded through a no-win, no-fee Conditional Fee Agreement (CFA), meaning you don't pay your solicitor's fees unless you win, and any success fee is capped by law at 25% of your general damages and past losses. Qualified one-way costs shifting also protects most claimants from paying the other side's costs if they lose.
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What is a no win, no fee agreement?
Formally a Conditional Fee Agreement (CFA) — your solicitor doesn't charge fees if the claim is unsuccessful, and takes a success fee (a percentage of your compensation, capped by law) only if it succeeds.
What is the cap on a success fee?
For personal injury claims, the success fee a solicitor can deduct from your damages is capped at 25% of the general damages and past losses awarded (excluding future losses), by law.
Will I have to pay anything if I lose?
Under a CFA, you shouldn't owe your own solicitor's fees, but you could still be liable for some of the other side's costs unless you have "qualified one-way costs shifting" protection (which applies automatically to most personal injury claims) or After the Event insurance.
What is qualified one-way costs shifting (QOCS)?
It's a rule that generally protects claimants in personal injury cases from having to pay the defendant's legal costs if they lose, provided the claim wasn't fraudulent or fundamentally dishonest.
What is After the Event (ATE) insurance?
It's insurance taken out after an accident to cover costs risks not already dealt with by QOCS — such as the other side's costs in limited circumstances, or your own disbursements like expert fees, if the claim is unsuccessful.
What are disbursements, and do I have to pay them?
Disbursements are costs like medical report fees and court fees, paid out during the case. Under most CFAs, these are only recovered if you win, and many solicitors will front these costs for you.
Can I get legal aid for a personal injury claim?
Legal aid is very rarely available for personal injury claims in England and Wales — it was largely removed for this area of law, with a narrow exception for certain birth injury claims involving negligence during pregnancy or birth.
What is a Damages-Based Agreement (DBA)?
It's an alternative to a CFA where your solicitor's fee is calculated as a percentage of your actual compensation rather than a success fee added on top — less common for personal injury claims than CFAs, but a legal option.
Do I have to pay my solicitor upfront?
Under a typical no-win, no-fee arrangement, no — you don't pay upfront, and fees only become due (from your compensation) if your claim succeeds.
Can I switch solicitors partway through my claim?
Yes, though check your existing CFA for any terms about fees owed if you switch before the claim concludes, as this can sometimes create a liability to your original solicitor regardless of the final outcome.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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