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No-win, no-fee arrangements do not have hidden costs. All of the costs of a no-win, no-fee arrangement are set out in the terms of the CFA. If you read carefully through the CFA and understand all of its terms, you will be aware of all of the possible costs. The reason some people believe there are 'hidden costs' to no-win, no-fee arrangements is because they failed to properly read and understand the terms of the CFA. When you are entering into a no-win, no-fee arrangement, be sure to discuss it in detail with your no-win, no-fee solicitor before you go ahead and sign the CFA. Don't feel pressured to sign on the spot – ask to take the unsigned CFA away with you to read over in your own time. You may even wish to get independent legal advice on the CFA, either from your regular lawyer or from a community law centre. The costs to look out for in a CFA are the amount of success fees charged and when they can be charged. Also, check when you may have to pay court fees, barristers’ fees and experts’ fees. The CFA will set out which of these costs your no-win, no-fee lawyer pays and which you pay. Usually, if you win your claim, you will not have to pay your lawyer's legal fees. This is because the court will typically order that the losing party pay them. However, it depends on what type of claim you are using a no-win, no-fee agreement for; in personal injury claims the court will almost always make a costs order; in employment law cases the tribunal will not make such orders. Check with your lawyer what the usual practice is in cases similar to yours.
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