Kaye Tesler Solicitors
Telephone: 020 8809 6756
Facsimile: 020 8802 0660
E-mail: kt@uklaw.net
No Win No Fee / Conditional Fee Agreements
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In some cases we are prepared to take on claims for damages on a no win, no
fee basis. No win, no fee agreements have been around in some types of cases
for a little time but, until now, they have had very little impact. After all,
why should a lawyer take the risk of possibly doing considerable amount of work
for no return? Lawyers simply have been somewhat reluctant to take the risk
for no extra fee. This has now changed.
As recently as July 2000 a new rule came into force enabling lawyers and their clients can enter into 'conditional fee agreements' commonly known as a 'CFA.' Quite simply, lawyers will be entitled to take on cases on a 'no win, no fee' basis, but in the event of their winning they will be able to charge an amount over and above the standard fee, to reflect the risk that they take of not being paid at all. But it did not end there.
The Government has realised that if the lawyers who win cases were entitled to charge their clients an additional fee, then those fees would eat into the damages that their clients would receive. To avoid this happening, the rules have been further amended so that if the lawyer gives notice to his opponent that he is acting under a conditional fee agreement then, in the event of winning, it is not his own client who has to pay the additional fee, but his opponent.
This leaves his client free to enjoy all of his damages without deduction of one penny for his legal costs and expenses
We make no charge for the initial advice on how to progress in your specific case.
BUT WHAT IF YOU LOSE YOUR CASE?
You will not have to pay your own lawyers but usually the loser has to pay the
winners costs. You could end up not paying you own fees but still having to
pay your opponents fees! Fortunately there is an answer. You can insure those
fees, so that if you lose then the insurance will pay your opponents fees.
There will be a premium to pay for that insurance. The amount of the premium will be based on how strong are your chances, we can obtain a free quote. If you win then your opponent as well as having to pay your award will also have to pay all your legal costs AND refund you your loss insurance premium. The net result is that as he is at risk of so much that he may well make you an early settlement offer.
WHAT IS IN A CONDITIONAL FEE AGREEMENT?
The terms of a conditional fee agreement will of course vary from case to case
depending on the facts but it is possible to draft a basic agreement that will
be modified to fit the facts.
To see one of our firms typical agreements click here to see a 'DRAFT FORM CFA'.
WHAT DO YOU DO NEXT?
All you need to do to progress is to click the following link to e-mail
us or call us on 020 8809 6756.
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