Personal Injury & Clinical Negligence Fees
We are committed to providing clear and transparent information about the legal fees and funding options available for personal injury and clinical negligence claims.
Our Commitment
We believe in providing clear and transparent information about the legal costs and funding options available for your personal injury or clinical negligence claim. Before your case begins, we will explain the costs involved, discuss the available funding options, and help you choose the arrangement that best suits your circumstances.
Legal Costs – The Basic Policy
In litigation, the general rule is that the losing party pays the winning party’s reasonable legal costs and expenses. This usually applies where the value of the claim exceeds £10,000 (or £1,000 for injury compensation claims).
Depending on the type and value of the claim, costs recovered from the losing party are assessed either:
- On a time spent basis, or
- Under a fixed costs tariff.
Qualified One-Way Costs Shifting (QOCS)
If your claim is unsuccessful, the Qualified One-Way Costs Shifting (QOCS) rules generally protect you from paying the Defendant’s legal costs.
If the Court makes a costs order against you, it can normally only be enforced up to the value of any compensation awarded. If no compensation is awarded, you will generally not have to pay the Defendant’s legal costs.
When QOCS Protection May Not Apply
The protection provided under QOCS may be lost if:
- Your claim is found to be fraudulent.
- The Court determines that you have been fundamentally dishonest.
- You discontinue your claim after court proceedings have been issued.
- Your claim is struck out because it has no reasonable grounds.
- The Court finds that your claim is an abuse of the legal process.
At AWS Solicitors, it is our policy to recover our legal costs from the opposing party wherever possible. Any shortfall will not normally be passed on to you except in exceptional circumstances.
Funding Options
There are several ways to fund your claim. Not every option will be suitable for every client.
Before accepting instructions, we will ask you to complete our Funding Enquiry Form so that we can advise you on the most appropriate funding arrangement.
Conditional Fee Agreement (No Win, No Fee)
A Conditional Fee Agreement (CFA) or Damages Based Agreement (DBA) is commonly known as a “No Win, No Fee” agreement.
Under a CFA, AWS Solicitors will not charge you our legal fees if your claim is unsuccessful.
Success Fee
If your claim is successful, we may charge a Success Fee.
- The Success Fee is calculated as a percentage of our legal costs.
- It is not calculated as a percentage of your compensation.
- The Success Fee is capped at 25% of your net damages, excluding damages for future care, future losses, and any recoverable DWP benefits.
Unlike our basic legal costs, the Success Fee cannot normally be recovered from the Defendant and is usually deducted from your compensation.
Whether a Success Fee applies depends on the type of claim. We will explain the fee and obtain your agreement before your case begins.
If Your Claim Is Successful
If your claim succeeds under a CFA or DBA, you may be responsible for paying:
- Our basic legal costs (normally recovered from the Defendant).
- The agreed Success Fee (where applicable).
- Any expenses incurred on your behalf (normally recovered from the Defendant where possible).
If Your Claim Is Unsuccessful
If your claim is unsuccessful, you may be responsible for:
- Expenses incurred on your behalf, such as medical report fees.
- The Defendant’s legal costs, subject to the Qualified One-Way Costs Shifting rules and any applicable exceptions.
After the Event (ATE) Insurance
If you enter into a Conditional Fee Agreement, we may recommend After the Event (ATE) Insurance.
ATE Insurance is designed to protect you against the risk of paying your opponent’s legal costs if your claim is unsuccessful.
The insurance premium is normally payable only if your claim succeeds and is usually paid at the conclusion of the case.
Further information about ATE Insurance will be provided on request.
Our Commitment
Our aim is to ensure that you fully understand:
- Your legal costs.
- Available funding options.
- Any Success Fee that may apply.
- Expenses and disbursements.
- Insurance options available to protect your claim.
We will explain all costs before any work begins so you can make an informed decision.
Need More Information?
Contact Our Client Care Team
This firm is committed to high quality legal advice and client care. If you remain dissatisfied with any aspect of the service you have received, please contact one of the Partners or the firm’s Client Care Officer:
Babar Akram — Client Care Officer
📍 AWS Solicitors, 44 Broadway, Stratford, London E15 1XH
(post to be addressed directly to the Partners)