No Win No Fee
A Damages Based Agreement is also often referred to as a 'DBA' or sometimes called a 'no win no fee' agreement. As a type of no win no fee arrangement, it is an arrangement between a client and their solicitor whereby the solicitor’s legal fees are only payable in the event the claim(s) is successful (as defined within the Damages Based Agreement).
Frequently Asked Questions:
What is no win no fee?
No win no fee is exactly as it sounds. If we do not win your case against your employer, our firm will not take any fees and you will not be subject to any costs.
Who pays the costs in no win no fee cases?
If we win your claim or we settle your claim from your employer, our costs are covered by the compensation that is received from your employer.
What are the main benefits of no win no fee?
In the main, you as the employee are able to pursue a claim against your employer without the concern about front-loading legal fees. You also remove the concern about the legal fees being more than the compensation you could recover from your employer.
How do I know if I am eligible for no win no fee?
We would assess whether we are able to take on your claim on a no win no fee basis. To do so, we would need to have a fixed fee consultation with you first in order to undertake a full case analysis.
What if I am not eligible for no win no fee?
If you are not eligible, we have other affordable options through which you can pursue your claim, and we shall provide you with those options as part of the fixed fee consultation. One of those options is if you have legal expenses insurance cover.
What happens if I have legal cover?
If you have legal expense insurance (usually under a home insurance policy), you will need to call them to inform them that you intend to pursue an employment claim and that you have found legal representation. Your insurer may insist on using their own panel of Solicitors, although you have the right to instruct whomever you wish, and you can simply let them know that you wish to instruct us. They would then get in touch with us to confirm our views on the the merit of your claim, and they would, once satisfied, eventually pay our fees at the end of the case.
Are there any other costs with no win no fee agreements?
You may be asked to pay our disbursements. These are things like travel or accommodation fees (e.g. if we have to travel and stay overnight due to the location of a tribunal hearing). These are rare, however, although still something you must bear in mind.
Am I able to withdraw from the agreement at any point?
Once you have signed our no win no fee agreement, you are able to withdraw at any point during the case. You will however need to bear in mind that if you did withdraw in these circumstances, you would be liable to pay all of our costs (calculated at an hourly rate) up until the date you decided to withdraw. We would be entitled to hold onto your documentation until the payment of our fees is made.
Are there any tribunal fees?
No. There are no tribunal fees. This has been the case (again) since 2017.
Will I be liable for fees if I lose my case?
If you lose your case under a no win no fee agreement, you will not be liable to pay our fees (aside from any disbursements).
What happens if I win my case?
If you win your case, you will receive 65% of any compensation that we have been able to recover for you.
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