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Private funding – a deterrent

‘No win, no fee’ agreements are legally known as Conditional Fee Agreements. 

Conditional Fee Agreements are a way of funding personal injury and clinical negligence claims.  In a privately funded claim without such an agreement, you would have to pay all our charges (“costs”) for conducting your case up to and including trial. If the case is won, your opponents (“the defendants”) pay your damages and your legal costs on top. We would then make a repayment to you in respect of the costs you had paid to us.

The risk is, if the case is lost, you would still have to pay our costs and the defendants’ costs without recovering any damages - potentially thousands of pounds.  It is because of this risk that many clients were deterred from pursuing personal injury and clinical negligence cases in the past.

Conditional fee agreements

In most cases, we will offer a Conditional Fee Agreement, which will:

  • not charge our fees for conducting your case up to and including trial if you lose
  • arrange insurance to cover the risk that if your case is lost, the defendants costs and your disbursements will be paid.

If you win the case:

  • you will still be liable to pay our costs; BUT
  • we will be able to recover all or the large majority of the costs from the losing defendants.

For more information, click here for a copy of our guide to Conditional fee agreements.