Is this usual for No Win/No Fee?

[ShuntedWhilstShopping]

I am considering making a claim against a supermarket because of an injury one of their staff caused me a short while ago. I can’t go into more detail because it’s crucial that I’m not identified, but it was undeniably their fault and also captured on CCTV, accident report logged etc.

Because I have absolutely no idea what I am doing, I am going through a claims solicitor and they are happy to take me on. I’ve just spotted on their website that although if I don’t win I won’t have to pay their fee, they seem to require clients to take out an insurance policy against upfront costs.

Can anyone with experience tell me if this is usual and, if so, how much the policy would cost? I believe I have a very strong case, although the payout would probably be at the lower end because there’s no broken bones/permanent damage/expenses/loss of income.

Thanks in advance.

Yes perfectly normal, they will try and recover as many of the costs from the supermarket. I sued a coach company via no win no fee- it took 6years !

I didn't pay anything for the insurance.

* I believe I have a very strong case, although the payout would probably be at the lower end because there’s no broken bones/permanent damage/expenses/loss of income.*

so why waste your time?

Keep in mind it has to have been foreseeable.

Yes get insurance because if you lose you will be liable for the supermarket's costs

If you don’t qualify for legal aid (does anybody?) yes, this is basically what no win no fee means.

i think I paid £100 - a long time ago now though. It’s basically an insurance policy for your fees. If you win, your solicitors costs will be paid by the other side. If you lose, the insurance policy will pay your legal bills.

Thanks everyone. Actually @velvetoptions you could be right. The compensation lawyers keep 25% of any payout, not to mention there appears to be a £320 after the event payment which, if successful, the lawyers will also deduct. So if I was awarded say £500 I’d end up with £55 for my pain & suffering.

But I’ve just had a look at my home insurance policy & see that I am covered for personal injury through them, so I might do better through them 🤞🏻

Yes, it was a 100% foreseeable injury on the store’s part.

What pain and suffering?

If you’re so confident then instruct a reputable solicitor.

op - let it go. You’re on a hiding to nothing

what was the injury that resulted in no loss to you whatsoever, no broken bone, no additional expense, no time off work

That’s almost impossible to establish.

If you have suffered no loss or harm do you actually have a claim at all?

Op have you properly read your contract? Because generally it is absolutely, no win no fee, but if you do win you pay the full legal fees. So if you win 500, they take x percent, and if the fees are 5000 then you need to pay them the 5000.

you need to read the contract very carefully indeed. Generally that’s what it says, and you need to get an estimate from them of the legal costs, v what they think you will win.

that’s how they make their money. Don’t for a moment think they do it for a hundred quid or something. You win, you pay the fees.

No op. There are the legal costs. The lawyers fees. You will need to,pay this too. Just like a normal lawyer. You only don’t pay them if no win. Even if the other side is ordered to pay costs, the judge decides a reasonable amount. You could have an enormous bill.

I believe I have a very strong case, although the payout would probably be at the lower end because there’s no broken bones/permanent damage/expenses/loss of income

then you will get very little indeed. They will go for about a hundred quid for distress or something and lump you with several thousand in legal costs.

Definitely better to try to go through the legal expenses policy attached to your home contents insurance first then.

They might have a minimum value clause which would exclude it for being too trivial, but if they do cover it you'll get to keep 100% of any award and won't have to take out an insurance policy. Worth phoning them.

I’m always surprised by folks who don’t understand this

no win no fee
win, fee

snything minor, you’re getting very little, big fees to be paid as no way a judge will allocate costs for something trivial.

the insurance policy means if there is no win, the legal costs are paid by the insurer.

so either way the lawyers get their fees. Either from the insurer, from you, or if a significant claim, from the other side.

Your home insurance sounds like the best route.

But if you do go down the no win no fee route get a clear explanation of how it works. Usually you take out an insurance policy to pay the other side's costs if you lose. You usually don't pay the premium. Alongside that you enter into an agreement with the solicitor that means you only pay their fees if you win, but you then pay them a success fee on top. But that is all general - each situation will be different.

Actually the lawyers probably don't get their fee if they lose, the insurance policy sounds like it just covers expenses, court fees, and the other side's costs, not the OP's lawyer's fees. That's the way it normally works.

You're the one who clearly doesn't understand it.

Solicitors won't charge you their full fees if you win. They get some from the other side (how much of their costs they get back depends on how high value the claim is) then the amount they deduct from your damages gets them a bit more.

The costs awarded is often based in the amount you win (depending on the Court track the claim is on), but a solicitor will rarely get back the amount it's cost to run the claim. That's just how the NWNF model works.

How do I not understand it then you literally agreed with me? 😂

yes they may get some from the other side, but if this is a minor or frivolous claim it will be very little. And yes they might not charge full fees if she’s very lucky, and they will take some from what she wins, but if she wins 500 quid, and the fees are 3000, and the other side pay 500 to fees, she’s paying rhe difference.

do you work for one of these companies? Because your post looks like a sullen attempt to disguise what very well may happen.

op. If you proceed make sure you read the contract very carefully indeed.then speak to them, and understand all scenarios.

and speak to a normal solicitor . Ask them if it is worth your while.

No she's not paying the FULL difference, that is where I disagree with you. The deductions are capped, so they can only take up to a certain amount of her damages. She's already said they take 25%, that's her contribution towards the costs.

Sullen attempt? I'm literally telling you that claimants don't pay the full amount of the difference (unless their % deduction happens to be large enough to do so). And they're made well aware (as the OP has pointed out) of a % deduction at the end.

If you're found to be fundamentally dishonest your solicitor might come after you for the full amount (and you'd pay the other side's costs too), but otherwise your contribution is limited to the % deduction.

Solicitors who work for NWNF firms are 'normal'. An hourly rate solicitor on a private basis certainly won't be economically viable for her. It's why NWNF exists and those firms actually write off a large amount of the cost of the time taken to get a file to a conclusion (successful or otherwise). Pretty fair to contribute a portion of that cost, I'd say.

I've worked on both sides of the PI coin. I'm on the defending side now.

Oh, and if her claim is only worth £500, they might not even take it on anyway. Many firms don't at that level. They'd likely want it to be worth at least £1.5k to take it on.

i suspect this is a rather vulnerable OP who has had whisperings from a friend or family member that she should “sue ‘em!” for a very innocuous event which the Op walked away from and the supermarket apologised profusely.