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Does no-win, no-fee actually mean I don't have to pay anything for my claim?

By: Maksiv Konta

For example, 'no-win, no-fee' usually does not include any costs for barrister's advice and representation or other experts. Your no-win, no-fee lawyer will have to pay the barrister and any other experts they use in your case, such as psychologists or medical specialists. Your no-win, no-fee lawyer may agree to pay these costs for you and add them to your costs bill, or they may demand that you pay them as they are incurred during litigation. These costs can be pretty high, considering that barristers can charge thousands of pounds for one day's work.

Also separate from a no-win, no-fee lawyer's legal fees are court costs, such as filing fees. Filing fees can be fairly hefty, depending on the type of case. Again, your no-win, no-fee lawyer may pay these for you and add them to your costs bill or they may require you to pay them as they fall due.

Your Conditional Fee Agreement (CFA) should clearly set out who is liable to pay for these costs. Check all of the terms of the CFA carefully before signing it. Ask your no-win, no-fee lawyer about what costs you may have to pay in what circumstances. If you are not happy with their answers, you can negotiate those provisions with your no-win, no-fee lawyer.

Other costs you may have to bear at the outset of the case are the risk-assessment fee and an insurance premium. The risk assessment fee is usually charged by the lawyer to assess your case to see whether it is suitable to take on under a CFA. They will then usually require you to take out after-the-event insurance to cover the eventuality that you get lumped with any costs.

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