How does No Win No Fee work for UK medical negligence?
Short answerA No Win No Fee agreement (formally a Conditional Fee Agreement, or CFA) means you generally pay your solicitor nothing if your clinical negligence claim fails. If it succeeds, the defendant pays the bulk of your legal costs and a success fee — capped by law at 25% of your general damages and past financial losses — is deducted from your compensation. Future losses are protected.
What is a Conditional Fee Agreement?
A Conditional Fee Agreement is a written agreement between you and your solicitor. It says that if your claim is unsuccessful, you generally pay nothing for your solicitor's time. If your claim succeeds, the solicitor is paid their costs by the losing defendant, plus a success fee deducted from your compensation.
How is the success fee calculated?
The success fee compensates the solicitor for the risk they take in running a case that might fail. In clinical negligence cases the success fee that may be deducted from your compensation is capped by statute at 25% of your general damages and past financial losses. Crucially, your future losses (such as long-term care costs and future loss of earnings) are protected from any deduction.
What about the other side's costs?
Most clinical negligence claims benefit from Qualified One-way Costs Shifting (QOCS), which means that even if you lose, you generally cannot be ordered to pay the defendant's legal costs — provided you have acted honestly. QOCS is one of the most important protections for claimants in personal injury and clinical negligence.
After the Event (ATE) insurance
ATE insurance is a policy taken out after the incident has happened. It typically covers disbursements you would otherwise have to fund yourself if the claim fails — most importantly the cost of independent medical expert reports, which can run to several thousand pounds. The premium is usually self-insured: you only pay it if you win, and it is recoverable from your compensation.
What might I actually pay?
- If you win: the bulk of your solicitor's costs is paid by the defendant; a success fee (capped at 25% of certain damages) and any ATE premium are deducted from your compensation. You receive the remainder.
- If you lose: under a properly written CFA, you generally pay nothing for your solicitor's time; ATE insurance covers most or all disbursements; QOCS protects you from the defendant's costs in most cases.
Are there alternatives to No Win No Fee?
Yes. Some claims are funded through Legal Expenses Insurance — often included as an add-on to home or motor insurance — or through trade union legal services. A small number are paid privately on an hourly rate basis. Legal Aid is no longer generally available for clinical negligence, but remains available for a narrow category of severe neurological injuries to babies caused at or shortly after birth.
Choosing the right solicitor
Look for a firm regulated by the Solicitors Regulation Authority (SRA) with solicitors accredited by the Law Society's Clinical Negligence Panel or Action against Medical Accidents (AvMA). Ask how many cases of your particular type they have handled, who will run your case day to day, and how they will keep you updated.
Frequently asked questions about No Win No Fee
What does No Win No Fee actually mean?
No Win No Fee is the common name for a Conditional Fee Agreement (CFA). If your claim is unsuccessful you generally do not pay your solicitor's fees. If it succeeds, the solicitor recovers their costs from the defendant and a capped success fee is deducted from your compensation.
Is the success fee really capped?
Yes. In personal injury and clinical negligence cases the success fee deducted from your damages is capped by statute at 25% of past financial losses and general damages. Your future losses (such as long-term care and future loss of earnings) are protected from any deduction.
What is ATE insurance?
After the Event (ATE) insurance protects you against having to pay the defendant's costs and certain disbursements (such as medical expert fees) if your claim is unsuccessful. The premium is usually only payable if you win and is recoverable from your compensation.
What happens if I lose my No Win No Fee claim?
Under a properly drafted CFA you generally pay your solicitor nothing for their time. ATE insurance typically covers the cost of medical expert reports and other disbursements, and Qualified One-way Costs Shifting (QOCS) usually protects you from paying the defendant's legal costs.