Injury Law Specialists

England & Wales

No Win No Fee Personal Injury Solicitors

Worrying about legal costs should not be the reason someone does not find out whether they have a claim. No Win No Fee, properly explained, removes most of that worry: suitable cases may be accepted without you paying our basic legal fees along the way, and if the claim does not succeed you generally do not pay them at all. Our solicitors set out plainly how the arrangement works, including the success fee and what it means for you.

We act with solicitors and lawyers across England and Wales on No Win No Fee terms. We would rather explain the funding honestly and have you decide with your eyes open than make promises nobody can keep about how much you will receive.

  • Free initial claim assessment
  • No Win No Fee may be available
  • Clients throughout England & Wales
  • 30+ years' collective legal experience

What does No Win No Fee mean?

No Win No Fee is the everyday name for a Conditional Fee Agreement, which is the funding arrangement many personal injury solicitors use. Under it, if your claim does not succeed you generally do not pay our basic legal fees. If it does succeed, the legal costs are usually paid by the other side, and a success fee may be payable out of your compensation, capped in many personal injury claims at 25% of the relevant categories of damages including VAT. The exact terms are always explained before you decide whether to proceed.

The phrase is well known, but what sits behind it is often not. Understanding three things is enough to follow how it works. What you pay as the claim goes along, which is nothing in a standard No Win No Fee personal injury case. What happens if the claim fails, which is that you generally do not pay our basic fees. And what is deducted if the claim succeeds, which is the success fee, explained in writing before you sign.

There is a second layer that people rarely hear about, and it matters just as much. Most personal injury claims are covered by after the event insurance. That policy exists to protect you against the risk of paying the other side's legal costs if the claim does not succeed, which is the risk people actually worry about. Together, the agreement and the insurance are what make the arrangement work.

Key takeaways

  • No Win No Fee is the everyday name for a Conditional Fee Agreement, the funding arrangement used in many personal injury claims.
  • Suitable cases may be accepted on this basis, subject to an assessment of liability, evidence, prospects of success and proportionality.
  • If the claim succeeds, a success fee may be payable, and in many personal injury claims the legal cap is 25% of the relevant categories of damages including VAT.
  • If the claim does not succeed, you generally do not pay our basic legal fees, and after the event insurance usually covers the other side's costs.
  • The exact terms of any agreement are always explained before you decide whether to proceed.
  • The team has 30+ years' collective legal experience in personal injury work across England and Wales.

How a No Win No Fee agreement works

There are three stages to think about: during the claim, at the end if the claim succeeds, and at the end if it does not.

While the claim runs

You do not pay our basic legal fees as the claim goes along. Nothing is charged up front. The medical evidence and other disbursements, such as court fees, are usually deferred and recovered from the other side as part of the claim rather than being paid by you.

If the claim succeeds

The other side usually pays your legal costs, and a success fee may be payable out of your compensation, capped in many personal injury claims at 25% of the relevant categories of damages including VAT. It is explained in writing before you proceed.

If the claim does not succeed

You generally do not pay our basic legal fees, because that is the point of the agreement. After the event insurance usually covers the other side's costs. Any limited circumstances where a deduction still applies are set out before you sign.

Nothing on this page replaces the terms of the agreement in your own case. Every Conditional Fee Agreement has to set out the success fee, what you pay and when, and the circumstances in which you might have to pay something. Read it carefully, ask questions, and do not sign until you are comfortable with what it says.

What we assess before accepting a case

No Win No Fee does not mean any claim can be taken on any terms. Before accepting a case, a solicitor has to be satisfied that it meets several tests. Being open about them is part of giving honest advice.

Liability

Whether someone else was at fault. If it is not clear who was responsible, or the accident may have been your own, the claim is harder to pursue on this basis.

The evidence

Whether there is evidence to support the claim, including accident reports, medical records, witness details and any documentation of the losses.

Prospects of success

An honest view of how likely the claim is to succeed, taking account of the legal position and the evidence as it stands.

Proportionality

Whether the likely compensation justifies the cost of pursuing the claim, which matters most in lower value cases.

The injury and losses

What the injury is, how serious it is, and what financial losses and future needs it has caused, because those shape the value of the claim.

The funding arrangements

How the claim would be funded, what insurance is available, and whether the terms can be explained clearly to you before you decide.

If a case does not meet those tests, we will tell you so and explain why. That is a better outcome than a claim being started that cannot be sustained. It also means the cases that are accepted are the ones with a proper foundation, which is what protects both you and the firm.

Understanding the success fee

The success fee is the part of the arrangement people ask about most, and it deserves a straight answer. If your claim succeeds, a success fee may be payable under the Conditional Fee Agreement. The amount and method of calculation are explained before you decide whether to proceed. In many personal injury claims the applicable legal cap is 25% of the relevant categories of damages, including VAT, although the actual deduction and funding arrangements depend on the agreement and the circumstances.

What that means in practice is worth spelling out. Not every part of a compensation award is treated the same way. In a typical agreement, damages for care, future treatment, lost earnings and other financial losses are not subject to the success fee at all, because the fee applies to the relevant categories of damages and not to the whole award. The reason this matters is that in a serious injury claim, those unprotected heads of loss often form the greater part of the total.

You will always know the figure that applies to you before you commit. A Conditional Fee Agreement is not a document to be skimmed. It sets out the success fee, what you pay and when, and the circumstances in which you might have to pay something. If anything in it is not clear, ask, and do not sign until you understand it.

We do not use the phrase "you keep 100% of your compensation" as a slogan, because whether that is accurate depends on the funding arrangement in your particular case. An honest explanation, with the numbers on the table, is worth more than a promise nobody can stand behind.

What a Conditional Fee Agreement sets out

  • The success fee that applies
  • What you pay while the claim runs
  • What is deducted if it succeeds
  • What happens if it does not
  • The role of after the event insurance
  • The circumstances where you might pay
  • How costs are recovered from the other side

What No Win No Fee covers, and what can be claimed

The funding arrangement covers the legal work in pursuing the claim. What the claim itself can recover is a separate question, and it is worth knowing the difference.

General damages

The award for the injury itself and the effect on your life, known as pain, suffering and loss of amenity. Our page on pain, suffering and loss of amenity explains how that part is assessed.

Financial losses

Lost earnings, treatment and rehabilitation costs, care and assistance, travel, equipment, and future losses. Our page on personal injury compensation sets out the full range and how claims are valued.

Most of these losses are not subject to the success fee in a typical agreement, because the fee applies to the relevant categories of damages rather than to everything. Where a claim involves lost earnings, our page on loss of earnings compensation explains how that part is proved.

What our solicitors do for you

The funding arrangement only matters if the claim is run properly. The work starts with a free assessment of what happened, so you can understand whether there may be grounds to claim before you commit to anything.

Where a case is accepted, the solicitor investigates what happened, gathers the evidence, instructs medical experts, calculates the financial losses and deals with the insurer on your behalf. Where the claim cannot be agreed, proceedings may be issued. You are kept informed at each stage, and you make the decisions about your own claim, including whether to accept any offer.

See the full claim process stage by stage

Steps in a No Win No Fee claim

  • A free assessment of what happened and whether there may be grounds to claim
  • An honest view of liability, the evidence and the prospects of success
  • The funding terms explained clearly before you decide anything
  • Investigation, evidence gathering and instructing medical experts
  • Calculating past and future financial losses in detail
  • Dealing with the insurer and negotiating on your behalf
  • Issuing court proceedings where that becomes necessary

No Win No Fee: frequently asked questions

What does No Win No Fee mean?

No Win No Fee is the everyday name for a Conditional Fee Agreement, which is the funding arrangement many personal injury solicitors use. Under it, if your claim does not succeed you generally do not pay our basic legal fees. If it does succeed, the legal costs are usually paid by the other side, and a success fee may be payable out of your compensation, capped in many personal injury claims at 25% of the relevant categories of damages including VAT. The exact terms are always explained before you decide whether to proceed.

Do I have to pay anything upfront for a No Win No Fee claim?

No. Under a Conditional Fee Agreement you do not pay our basic legal fees as the claim goes along, and nothing is charged up front. Most personal injury claims are also covered by after the event insurance, which protects you against the risk of paying the other side's costs if the claim fails. Your solicitor will explain exactly what is and is not covered before you sign anything, so there are no surprises.

What happens if I lose my claim?

If the claim does not succeed, you generally do not pay our basic legal fees, because that is the point of the agreement. The main risk in an unsuccessful claim is the other side's legal costs, and that is what after the event insurance is there to cover in most personal injury cases. There can be limited circumstances where a deduction still applies, and your solicitor is required to set out the position clearly before you decide whether to proceed.

How much is the success fee?

If your claim succeeds, a success fee may be payable under the Conditional Fee Agreement. The amount and method of calculation are explained before you decide whether to proceed. In many personal injury claims the applicable legal cap is 25% of the relevant categories of damages, including VAT, although the actual deduction and funding arrangements depend on the agreement and the circumstances of your case. You will always know the figure that applies to you in advance.

Will I keep all of my compensation?

We do not make blanket promises about keeping all of your compensation, because whether that is accurate depends on the funding arrangement in your particular case. Most of your damages, such as the awards for care, future treatment and lost earnings, are not subject to the success fee at all in a typical agreement. What is deducted, and from which parts of the award, is set out in writing before you sign, so you can see exactly how it works for you.

Can any claim be taken on a No Win No Fee basis?

No, and it would be wrong to suggest otherwise. Acceptance depends on an assessment of liability, which means whether someone else was at fault, the evidence available, the prospects of success, proportionality, the likely level of compensation and the funding arrangements. Some cases simply do not meet those tests. Where we cannot take a case on, we will say so plainly and explain why rather than leaving you guessing.

Do I need to pay for the initial assessment?

No. The initial assessment of your circumstances is free, and there is no obligation to proceed. It allows us to look at what happened, consider whether there may be grounds to claim and explain what the next steps would be. Submitting an enquiry does not create a solicitor-client relationship and does not commit you to anything.

What about the cost of medical reports and experts?

In most No Win No Fee claims, the cost of obtaining medical evidence is deferred and then recovered from the other side as part of the claim, rather than being paid by you along the way. The same usually applies to other disbursements such as court fees. Where any cost might fall to you, it is explained in advance. This is one of the practical advantages of the arrangement, because evidence is expensive.

Can I change solicitors if I am already in a No Win No Fee agreement?

Yes, you are free to change solicitors, although there can be practical consequences because of the terms of the existing agreement, including any costs already incurred. It is worth taking advice on the position before making the change rather than simply walking away. If you would like to discuss it, we can look at the agreement you have and explain what would be involved.

Do you act for clients throughout England and Wales?

Yes. Injury Law Specialists provides access to solicitors and lawyers who act for clients throughout England and Wales on No Win No Fee terms, subject to an assessment of the case. Much of the work is done by telephone, video call and email, and clients can be seen at a convenient location where a meeting is needed. Distance from a city centre does not prevent a claim from being handled properly.

The answers above explain the position generally. Every claim turns on its own facts, and the applicable rules are those in force at the relevant time. For advice on how long you have to bring a claim, see our page on personal injury claim time limits.

Who provides the legal services

Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.

MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.

Read our Regulatory Information

Not sure whether you have a claim, or how you would fund it?

Tell us what happened and a member of our team can explain whether you may have grounds to claim, whether No Win No Fee may be available and what the funding would look like in your case. The assessment is free, and there is no obligation to proceed.