No Win No Fee

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If you’re engaged in a commercial dispute and considering taking the matter to court, you’ve likely heard of no win no fee funding.

Despite any negative connotations, a no win no fee arrangement between a reputable lawyer and a client can be an effective way for you to gain access to a specialist commercial litigation team in a cost-effective way you can afford.

If someone you’re engaged in business with has done something wrong or unlawful, owes you money or breached the terms of your agreement, pursuing the matter on a no win, no fee basis may be your best option.

But what exactly is a no win no fee arrangement, and how can it work to your benefit?

Read on to find out, or contact Helix Law now. We aim to respond to all queries within an hour.

What Is No Win, No Fee?

No win no fee is a funding arrangement between us as solicitors and you as our client.

A no win no fee agreement is more formally known as a ‘Conditional Fee Agreement’, the details of which are set out in a binding agreement (a contract) between you and your solicitor.

One crucial aspect of a Conditional Fee Agreement is that the solicitor only gets paid if they ‘win’ your case, hence ‘no win, no fee’. 

Litigation is complex, time-consuming, and expensive. 

If you’re involved in a significant commercial dispute, you’ll want access to the best possible specialist team. 

But there might be limits to what you can afford.

By pursuing litigation on a no win no fee basis, you may be able to minimise the risk of covering upfront costs and gain access to expert legal advice and an experienced litigation team you might not otherwise be able to afford.

Often, commercial disputes arise when you’re least equipped to deal with the risk and expense of taking the matter to court — even if you’re likely to win.

Rather than write off a good claim, consider engaging an expert litigation team with their work funded on a no win no fee basis.

How Does a No Win No Fee Agreement Work?

The particulars of a Conditional Fee Agreement vary substantially based on several factors, including:

  • Monetary value of the claim
  • Likelihood of success
  • Complexity of the claim
  • Client requirements
  • Solicitor requirements

Solicitors evaluate funding options on a case-by-case basis. The precise terms of a Conditional Fee Agreement may vary. But the basic principle that a solicitor only gets paid for a specifically defined outcome applies to all no win no fee arrangements.

What Are the Benefits of No Win No Fee Litigation?

No win no fee agreements have multiple benefits for both clients and solicitors. You’ll find a summary of each below.

Client Benefits

  • Reduced risk
  • Lower upfront cost
  • Recover sums you may otherwise have written off
  • Obtain access to a specialist litigation team
  • Close alignment between your commercial goals and the goals of your solicitor
  • Mutual benefit if a claim is successful

Benefits for Solicitors

  • Opportunity to pursue good claims and recover monies owed that might otherwise be written off
  • Relationship building with new clients
  • Mutual benefit if a claim is successful

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Call us directly at 0345 314 2044

Alex Cook
0345 314 2044
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Jonathan Waters
0345 314 2044
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Alex Cook
0345 314 2044
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Jonathan Waters
0345 314 2044
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Why Does No Win No Fee Have a Bad Reputation?

Being a lawyer is frequently lumped in with being a politician, banker, or debt collector as an unsavoury profession.

For many people, hiring a solicitor is a necessary evil at best, and no win no fee agreements initially did nothing to improve that opinion. 

The concept of no win no fee originated in the United States. During the 1990s, “Conditional Fee Agreements” became popular in the UK amongst lawyers and people seeking monetary compensation for (sometimes dubious) claims of personal injury or violation of consumer rights and protections.

“Compensation culture” proved lucrative for many, and no win no fee agreements were historically used initially almost exclusively in the personal injury claims industry. At the same time, it became lawful for claims management companies to generate and sell claims leads.

This spawned terms like ‘ambulance chaser’ and ‘claims farmer’ for lawyers and personal injury companies that aggressively pursued ‘claims for blame.’ 

Despite the negative connotations, no win no fee agreements can play a crucial role in commercial litigation and commercial disputes — particularly where they can help reduce friction between solicitor and client.

What About No Win No Fee for Commercial Litigation?

No win, no fee agreements are available in commercial litigation and disputes, but they’re not as prevalent. 

One reason that Conditional Fee Agreements have not taken off is that the areas of law and the factual position in commercial disputes can be incredibly complex.

Traditional firms of solicitors are happy to charge for services but aren’t happy to back their own teams of solicitors or their advice.

Whilst happy to charge clients, concerns of ‘what if the advice is wrong?’ have led to many (most?) solicitors declining to offer alternative funding in commercial disputes.

Helix Law doesn’t operate this way. We are happy to back our own advice.

Where it stacks up for you (and for us), we will gladly offer alternative funding options, including no win, no fee agreements.

We empower our solicitors and team always to consider Conditional Fee Agreements as a payment option.

Is No Win No Fee Your Best Option?

No win, no fee agreements are not the cheapest form of funding.

Since we assume the risk of not being paid, we’re entitled to charge a success fee, usually a 100% uplift on our hourly rates.

Obviously, the fees are only payable if we win.

The details of the agreement — and whether it stacks up for you and for us — must be considered on a case-by-case basis.

Under this type of funding agreement, you remain responsible for paying for disbursements — sums for counsel’s fees, expert costs, and court fees if/when needed.

A no win no fee agreement is not a ‘working for nothing’ agreement.

We do not offer no win no fee agreements in every case we are instructed in.

But where a dispute has considerable value, and you and your opponents have assets and ‘means’, we will consider doing so.

In complex cases, we sometimes require an initial fee to accurately assess whether no win no fee funding is workable moving forward.

If required, we will always discuss the fee transparently and come to an agreement with you beforehand.

For many business owners and company shareholders, no win no fee funding can be the only viable option for pursuing a commercial claim — even one with obvious merit — simply because of the expense of pursuing the litigation.

The obligation to settle legal fees regardless of a case’s outcome can prove devastating for many businesses — it may even prove fatal.

Depending on the unique circumstances of your business and the claim, other funding options may be preferable, including:

At Helix Law, not only do we thoroughly examine the particulars of the dispute, but we also take into account the big picture for your business.

With decades of experience in commercial litigation — including many successful no win no fee claims — we will advise you of all the funding options available, leaving you to make the best decision.

No Win No Fee: A Win-Win for Clients

No reputable legal firm should take on a commercial litigation case they don’t believe they can win or when there is a lack of confidence that the team can add value.

No win no fee agreements eliminate any financial incentive for a solicitor to devote time, resources and expertise to pursuing a commercial claim with no legal merit or limited chance of success.

A no win, no fee commercial litigation agreement ensures that your business goals and those of your legal representative are perfectly aligned.

No win no fee agreements between a client with a legitimate commercial claim and an experienced legal team are a win-win for both parties.

At Helix Law, we have decades of experience successfully pursuing commercial litigation on a no win no fee basis.

We may charge for an initial review to assess whether our solicitors can successfully bring or defend a claim. 

If your case is clear-cut, such fees are unlikely to be charged.

Offering no win no fee agreements to commercial clients isn’t an anomaly for Helix — it’s the norm.

Would you trust a solicitor who advises you to litigate but refuses to risk their own fee on the outcome of the case?

With no win no fee, Helix Law shares your risk, so you can be sure that our advice is commercial and realistic.

Above all by making our clients strong and by sharing their risk we get better results.

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People frequently tell us that we’re approachable and offer great advice.

They also tell us most solicitors are hard to get hold of whereas we’re happy to listen. The reason for this is that we value long term relationships and we’re happy to speak with business people, to invest our time in understanding your business and whatever your concerns are. Only at that point can we understand whether we’re the right people to help you.

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