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Employment Law No Win No Fee

Updated on July 16, 2010

Employment Law and No Win No Fee Agreements

Often times an employee will choose not to pursue a case and enter the chaotic world of litigation are due to the expensive fees that go with it. Being an employee, it is important that you are aware of the law that encompasses you as a worker. For instance, it will be an advantage on your part knowing that there is a law that will save you from spending a lot on litigation fees. You can always use an employment law no win no fee agreement to file a lawsuit if the situation calls for it, like a whiplash injury compensation claim. The best way to utilize this law and use it to your advantage is to fully understand how it works.

A no win no fee arrangement is usually used to file for work injury related claims. This particular agreement is commonly used by solicitors specializing in employment law and injury claims. Entering such an arrangement will require an extensive range of legalities and other paperwork. Firms and individual solicitors are not capable of altering a contingency fee for example once it has been approved by the Solicitors Regulation Authority. This dictatorial body is the one responsible for the regulation of every no win no fee agreements.

Solicitors: What's In It for Them?

You will always be nudged with a question of what’s in it for the solicitor or what will he be gaining from a case such as this. Filing a no win no fee agreement puts a solicitor in a situation where the risk of not getting paid is very high. There will be times when a claim will be agreed upon by both parties involve before it even go so far as a court proceeding. That is a lot of paperwork saved and less work on the case.

However, this is not always the scenario because the chance that a negligence attorney will go to court for a litigation is always a big possibility especially if the situation calls for it. When this happens, the claims will undergo legal proceedings and more effort is going to be required from an employment solicitor.  All the work done will not be compensated, nevertheless, in our world today nothing is really for free. By truly understanding how an employment law no win no fee agreement works, you will get an answer to that prodding question.

Contingency and Conditional Fees

There are two classifications of no win no fee agreements. As it was mentioned earlier one is the contingency fee and the second is the conditional fee.

  • Contingency Fee – an arrangement where the solicitor gets payment through a percentage amount from the damages that will be awarded to the claimant.
  • Conditional Fee – wit this particular agreement the losing party pays the legal fees of the solicitor which is exclusive of the damages that the claimant will be receiving. Also under this arrangement, additional fees may be declared under successful claims.

So for solicitors, the higher the risk of losing a litigation process, the greater they may claim on success fee. However, under both types of no win no fee agreements, a solicitor is not to declare or collect any fees should the claim on a legal proceeding become unsuccessful.

To become successful on a no win no fee agreement, solicitors will always hire the services of the finest medical expert. An expert medical practitioner will explain in thorough detail the extent of the injury and what has caused it. Such professionals are knowledgeable on the type of evidences and facts that needs to be presented to win a case as well as having the ability to deliberate the nature of impact an employment injury will bring upon a person’s lifestyle. Solicitors are always geared up to win and cash for settlement is always a better demand to serve as payment for the damages incurred. it is best to find the best solicitor that will represent your claim and who will win your case.


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