Can I change to No Win, No Fee funding of my case midstream?
Many people assume that they can only fund their case on a No Win, No Fee basis if they entered into a No Win, No Fee agreement with the solicitor at the very outset of the case.
But in actual fact the funding of a legal case is fluid. So just because your case was not funded on a No Win, No Fee basis at the start doesn’t mean that you cannot switch to No Win, No Fee funding as the claim progresses.
What types of case can be funded on a No Win, No Fee basis?
We specialise in dealing with a wide range of claims on a No Win, No Fee basis and offer No Win, No Fee funding in areas of law which many other firms of solicitors avoid. among the areas of law in which we regularly undertake work on a No Win, No Fee basis are the following:
- Medical negligence
- Abuse claims
- Inheritance disputes
- Professional negligence
- Injury claims
- CICA claims
- Cosmetic surgery claims
Switching to No Win, No Fee
The change to No Win, No Fee funding can be made at any stage. All it requires is a solicitor who is prepared to take the risk of working on a No Win, No Fee basis and a client who prefers that method of case funding.
If we are currently representing you under a different funding arrangement and you would like to switch to No Win, No Fee then we shall be happy to consider your request.
Alternatively, if you are currently pursuing a case with another solicitor who is unwilling to switch to No Win, No Fee funding then we will be pleased to carry out a review of your claim to assess whether it is suitable for a change to No Win, No Fee funding.
The pros and cons of changing to No Win, No Fee
The obvious benefit of proceeding on a No Win, No Fee basis is that if you do not win your case you will not be charged for the legal work undertaken. Removing the need to finance your own legal costs can be a massive advantage for some people; especially those who do not have the means to fund a claim ‘all the way’ to trial on a private basis. In these instances the availability of No Win, No Fee can be the difference between seeking justice and abandoning the claim.
It is important to remember that a No Win, No Fee agreement relates to your own solicitors’ costs and not the costs of your opposing party. Where you have a potential liability for your opponent’s costs you may need to take out a separate policy of legal expenses insurance.
The downside to No Win, No Fee comes when you consider what must be paid if you win the case. It is at this point that you need to consider how No Win, No Fee works in relation to the area of law that is relevant to your case. Different rules apply to different areas of law. There are also different types of No Win, No Fee arrangement, with a Conditional Fee Agreement operating on an entirely different basis to a Damages Based Agreement, for instance.
So, a change to No Win, No Fee funding will require consideration as to whether Legal Expenses Insurance is required, what type of No Win, No Fee agreement will suit you best and what you could end up paying in terms of a success fee if you win. These factors need to be considered carefully before any change of funding is implemented to ensure that switching to No Win, No Fee is right for you.
What to do if you wish to change to No Win, No Fee
If you are interested in changing to No Win, No fee (whether you are an existing client or someone who is switching to us from another firm) then we will need to carry out a funding suitability check. We will:
- assess the legal merits of your case
- consider any written advice you have received from a barrister about the strengths and weaknesses of your case
- review the relative advantages and disadvantages of a change to No Win, No Fee funding
- advise whether a policy of Legal Expenses Insurance will be advisable
We do not make a charge for carrying out this suitability check.
When you are ready just give us a call on 0808 139 1606 or email us at [email protected]