No win, no fee

While generally it is true to say that solicitors are incapable of ever being wrong, I do have to question this solicitors take on a case that went against him.

A conditional fee arrangement allows a solicitor to charge more than his usual fee if he wins a case and not to charge at all if he doesn't win; they are better known as "no win, no fee" cases.

The Courts and Legal Services Act 1990 sets out very clearly what is required to make a valid CFA.  Section 58(3)(a) says, "It must be in writing".  I don't provide CFAs (because s. 58 of the CLSA bars their use in criminal cases); however, it took me less than 2 minutes to work out that the arrangement described in that article is invalid and to find the law that states it to be invalid... so I am surprised that a solicitor with 32-years experience would find the judge's ruling to be "absurd".  I can only assume that he has been mis-quoted.

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  3. In my opinion while the term 'no win no fee' is now commonly recognised, most people still do not know precisely what it means, and how it affects personal injury claims.

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