Most accident at work compensation claims in the UK are handled under a Conditional Fee Agreement (CFA), commonly called no win no fee, provided by Edward and Amaury Limited (trading as Edward & Amaury Solicitors). This page explains clearly what this means, what it costs, and what you should check before signing an agreement.
Quick Summary
- No win no fee means you pay nothing upfront and nothing if your claim fails
- If your claim succeeds, your solicitor's success fee is capped at 25% of your general damages and past financial losses — not your whole compensation, and not future losses — under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Conditional Fee Agreements Order 2013
- You must sign a Conditional Fee Agreement (CFA) before the solicitor acts. Read it carefully before signing
- Your solicitor should also take out After the Event (ATE) insurance to cover your opponent's costs if the claim fails
- A no win no fee agreement is only offered where the solicitor believes your claim has a reasonable prospect of success
What does no win no fee mean?
Under a CFA, your solicitor agrees to carry out legal work without charging you fees upfront:
- If your claim is unsuccessful, you generally pay no solicitor's legal fees
- If your claim is successful, your solicitor charges a success fee, deducted from your compensation
The success fee is capped by law at 25% of your general damages for pain, suffering and loss of amenity, plus your past financial losses — it does not apply to your total compensation, and it never applies to future losses such as future loss of earnings or future care. As is standard market practice, this cap is usually treated as inclusive of VAT, though your written agreement will confirm exactly how the percentage is calculated in your case.
Are there any upfront costs?
Under a genuine no win no fee arrangement, you should not be charged upfront fees. However, other costs may arise — such as medical report fees — handled differently depending on your agreement. Some solicitors arrange After the Event (ATE) insurance to cover these and protect you from paying the other side's costs if you lose. The ATE premium is typically paid from your compensation if you win.
What happens if my claim succeeds?
If your claim succeeds, your solicitor will deduct:
- Their success fee (agreed in advance)
- The ATE insurance premium (if applicable)
- Any disbursements not recovered from the other side
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, success fees are paid from the claimant's damages, capped at 25% of your general damages and past financial losses. Understand these deductions before you agree to proceed.
What are your obligations under a CFA?
In return for no-win-no-fee funding, you are expected to cooperate with your claim. Typical obligations set out in a CFA include:
- Giving honest and accurate instructions throughout the claim
- Attending any independent medical examination arranged for your case
- Not settling or negotiating directly with the employer or their insurer without telling your solicitor
- Telling your solicitor promptly if your circumstances or the facts of the accident change
- Keeping to the terms your solicitor sets out for cancelling or withdrawing from the agreement
The exact obligations that apply to you will be set out in your written agreement — read it carefully and ask your solicitor if anything is unclear before you sign.
What happens if my claim fails?
- You generally pay none of your solicitor's fees
- ATE insurance should cover the defendant's costs and your disbursements
- Check your agreement carefully to understand any circumstances where costs could still be payable
Why should you read your agreement carefully?
Before signing, understand:
- The success fee percentage
- How disbursements are handled
- The ATE premium
- Any circumstances that might mean costs are payable if you lose
- Your right to terminate the agreement