Making a No Win No Fee Professional Negligence Claim.
As well as acting on the usual private client basis, we have considerable experience of pursuing professional negligence claims under a No Win – No Fee Agreement.
No Win – No Fee arrangements are suited to strong claims that have a value in excess of the Small Claims Court threshold, which is currently £10,000.
Naturally we have to carry out a risk assessment of your potential professional negligence claim before deciding whether the merits of the case are sufficiently strong for us to accept it on a No Win-No Feebasis. No Win-No Fee represents a significant proportion of our caseload, so it is important to us from a commercial point of view to ensure that the risks are properly assessed. We have an excellent record of success and we aim to keep it that way. In some situations we will be able to make an immediate decision. In others, we may require sight of the professional's original file, especially in cases of solicitors negligence. Occasionally we may need to see a report on liability from an expert witness, such as a surveyor or an accountant before we can make a decision.
Once we have agreed to take your professional negligence claim on under a No Win-No Fee agreement you will only be responsible for our fees if you win your case. And because the loser is normally required to contribute towards the winner's legal fees you can expect to recover a good proportion of those costs from your opponent.
If the case is successful you will also be responsible for paying a ‘success fee’. This additional fee is not recoverable from the other side.
If the professional negligence case is not successful then you will not have to pay our fees, though you do remain liable for any expenses (disbursements) that have been incurred such as expert’s fees or court fees - unless these are covered by insurance.
Because costs are recoverable from a losing party, claimants are encouraged to consider their potential liability for their opponent’s costs should they lose. This liability can be insured against, though the cost of such insurance is not recoverable from the other side. Premiums are often deferred (which means they do not have to be paid until the end of the case) and self insured (which means they do not have to be paid if you lose).
While No Win - No Fee can be an excellent way in which to fund a professional negligence claim, it is important to avoid the common mistake of thinking that it means there will be no cost to you. Win or lose, you will have a liability for part of your overall costs. We therefore urge potential claimants to consider whether the claim is commercially viable from the outset.
So, if you have a professional negligence claim with a clear loss of more than £10,000 and you would like us to consider whether it would be suitable for No Win – No Fee funding, then call us now on 0800 975 8091 or email us at firstname.lastname@example.org