Funding a Claim: CFAs ("No Win No Fee")

• Introduction
• Public Funding ("Legal Aid")
• CFAs ("No Win No Fee")
  • Expenses a CFA Will NOT cover
  • Insurance and Loan Agreements
  • At the End of your Case
• Other Alternatives

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Expenses a CFA Will NOT cover

It is important to understand that a CFA only relates to our professional fees, which is only part of the cost of running a litigation claim.  Other expenses that you have to bear in mind are:

Disbursements: During the course of a claim, it is always necessary to pay fees to third parties, such as medical experts, barristers, and the Court.  We refer to these costs as "disbursements".  Comparing our costs to a garage mechanic's bill: if you think of our fees as a charge for "labour", disbursements are the "parts".  A CFA will not cover these expenses, which means that you will have to meet them yourself.  Fortunately, however, there are ways of making these more manageable (see "Loan Agreements", below).

Defendants' Costs: The usual rule, in litigation claims in which Court proceedings have been issued, is that the losing side is responsible for the winning side's legal costs.  This means that, if your claim is unsuccessful, you will very probably be liable for the Defendant's costs.  The fact that you have entered into a no win no fee agreement with your own solicitor would not protect you from your obligation to meet the Defendant's costs, if your claim is unsuccessful.

You will see that, even if your solicitors have agreed to waive their fees in the event of an unsuccessful claim, there are still some legal expenses for which you might be responsible. There are, however, ways of protecting yourself from this risk, which we explain below.