A “No Win No Fee” claim is a popular legal arrangement where a solicitor agrees to take on a case without charging any upfront fees, only getting paid if the case is successful. This arrangement has provided access to justice for many individuals who might not otherwise afford legal representation.
However, in Northern Ireland, “No Win No Fee” agreements are illegal. This unique legal environment can be challenging for those seeking compensation for personal injury or other claims. At Keenan Solicitors, we understand the complexities of the law in Northern Ireland and offer alternative solutions to help you pursue your claim effectively and affordably.
What is a “No Win No Fee” Claim?
A “No Win No Fee” claim, also known as a “contingency fee agreement”, is a type of legal arrangement where a solicitor or law firm agrees to represent a client without charging any upfront fees. Instead, the solicitor’s fee is contingent upon winning the case. If the case is unsuccessful, the client typically does not have to pay the lawyer for their services.
“No Win No Fee” claims are illegal in Northern Ireland
“No Win No Fee” claims are not permitted in Northern Ireland. Solicitors in Northern Ireland are governed by the Law Society of Northern Ireland, which strictly prohibits this type of fee arrangement.
While “No Win No Fee” is not available, Keenan Solicitors offers various payment options tailored to each client’s needs, including the possibility of legal aid or legal expenses insurance, which covers the cost of an unsuccessful claim. We believe in providing clear and upfront information about costs, ensuring that our clients can make informed decisions about how to fund their cases.
Many solicitors keep a percentage of your compensation at the conclusion of your case. At Keenan Solicitors, we are firmly against this approach. You will always keep 100% of your award. As part of the terms of a successful settlement, legal costs are paid by the other side and we do not believe in charging a ‘success fee’ out of your award on top of this.
If a solicitor in Northern Ireland offers you a “No Win No Fee” arrangement, be aware that they are acting illegally. We strongly advise against engaging with such practices and recommend reporting them to the Law Society of Northern Ireland. Access to justice should be fair and accessible, without compromising the compensation you are entitled to receive.
What “No Win No Fees” alternatives are available?
In Northern Ireland, where “No Win No Fee” arrangements are illegal, you may be asking if there are other similar options. There are several alternatives available to help individuals pursue legal claims without facing significant financial risk. Here are some of the most common options:
Legal Aid
- What It Is: Legal aid is a government-funded program that provides financial assistance to individuals who cannot afford legal representation.
- Eligibility: It is typically available for certain types of cases, such as family law matters, criminal defense, and some civil cases, including personal injury claims. Eligibility is based on the applicant’s financial circumstances and the merits of the case.
- How It Works: If granted, legal aid covers the costs of legal representation, meaning you won’t have to pay legal fees yourself.
Out-of-Court Settlements
- What It Is: An out-of-court settlement is an agreement reached between the parties involved in a legal dispute without proceeding to a full court hearing.
- Eligibility: This option is available in most civil cases, including personal injury claims.
- How It Works: Settling out of court can save both time and money, as it avoids the need for a lengthy and costly court process. A solicitor can negotiate a settlement on your behalf, ensuring you receive fair compensation without the stress of going to court.
Legal Expense Insurance (Before-the-Event Insurance)
- What It Is: Legal expense insurance (LEI) is often included as an add-on in home or car insurance policies. It covers legal costs if you need to make a claim.
- Eligibility: Policyholders who have this coverage can use it to cover the costs of legal representation for certain types of claims.
- How It Works: If you need to pursue a claim, your insurer will cover the legal fees up to the policy limit. It’s important to check the terms of your policy to see what is After-the-Event Insurance (ATE Insurance)
Legal Expense Insurance (After-the-Event Insurance)
- What It Is: After-the-event insurance is a type of policy taken out after an incident has occurred, covering the legal costs of pursuing a claim.
- Eligibility: This is typically used in personal injury cases and other civil disputes.
- How It Works: If your case is unsuccessful, the insurance will cover the costs, reducing your financial risk. However, the premium for this insurance is often payable only if you win the case, making it a more secure option for claimants.
Keenan Solicitors can help you navigate these alternatives to find the best option for your specific situation after your free no obligation consultation, ensuring you can pursue your claim without bearing an undue financial burden.
Frequently Asked Questions
Are “No Win No Fee” claims legal in the Republic of Ireland?
In the Republic of Ireland, “No Win No Fee” arrangements are allowed, unlike in Northern Ireland. However, solicitors in Ireland must adhere to strict regulations set by the Law Society of Ireland, which prohibit them from advertising “No Win No Fee” services.
If you encounter websites or advertisements promoting “No Win No Fee” offers that are also often called “No Foal, No Fee” agreements, they may be unregulated and often provide misleading or exaggerated information. If such a site connects you with a solicitor, that solicitor is likely violating professional regulations.
Are “No Win No Fee” claims legal in England and Wales?
Yes, “No Win No Fee” claims are legal in England and Wales. However, the UK government is considering getting rid of the “No Win No Fee” system for claims altogether. Known as Conditional Fee Agreement (CFA), the Legal Ombudsman has published case studies to illustrate what can go wrong with “No Win No Fee” claims.
Claims companies based in England and Wales are unable to take cases to court in Northern Ireland. If you enter into a “No Win No Fee” agreement with such a company, be cautious if they push for an out-of-court settlement. This approach could potentially limit your opportunity to secure the full compensation you deserve.
What happens if my personal claim is unsuccessful?
This will depend on your circumstances. If we think your claim is likely to be unsuccessful, we will advise you against going ahead in the first place. If you proceed with a claim that is ultimately unsuccessful, you might have to pay the other party’s legal costs as well as your own. But having Legal Aid, After the Event Insurance or Legal Expenses Insurance in place can protect you from legal costs if your claim is unsuccessful.
Does Keenan Law keep a percentage of the compensation from personal injury claims?
In England and Wales, solicitors will charge for what is known as a success fee. This will typically be a certain percentage of the compensation. In most “No Win No Fee” cases, the solicitor will take 25%.
At Keenan Solicitors, we will never charge a success fee. You will keep 100% of your award.
Why choose Keenan Solicitors when making a claim in Northern Ireland?
In conclusion, while “No Win No Fee” agreements are not legally permitted in Northern Ireland, at Keenan Solicitors, we are committed to helping you achieve the maximum compensation you deserve. Unlike large claims companies based in Great Britain, which may target people in Northern Ireland with “No Win No Fee” offers, we provide a thorough understanding of the local legal landscape.
With thousands of successful cases in Belfast, Northern Ireland and beyond our expert team will guide you through every step of your claim process, ensuring you are fully informed about your options. We begin each process with a free consultation, allowing you to explore the potential for securing the full compensation to which you are entitled.
To learn more about our services and to start your journey with one of our expert solicitors, please call, email or fill out our contact form.
