Last reviewed: May 2026
Key facts:- No win no fee in the UK is a Conditional Fee Agreement (CFA) under the Courts and Legal Services Act 1990, with the success fee paid by the client if they win.
- Success fees in personal injury cases are capped at 25 per cent of certain damages under the Conditional Fee Agreements Order 2013.
- After-the-event (ATE) insurance is often arranged alongside a CFA to cover the risk of paying the other side costs if the case is lost.
UK Legal Rights Hub › No Win No Fee Guide
No win no fee is the most common funding model for personal injury claims in the UK. Under a Conditional Fee Agreement the solicitor takes the case on the basis that they only get paid if the case wins. If the case loses, the client does not pay the solicitor base fees. This guide explains how CFAs work, the cap on success fees, what disbursements the client may still owe, and the role of ATE insurance.
How a Conditional Fee Agreement Works
A Conditional Fee Agreement is a written contract between the client and the solicitor under section 58 of the Courts and Legal Services Act 1990. It provides that the solicitor only charges fees if the case is successful, with a success fee on top of the basic fee charged in successful cases.
The basic fee covers the solicitor work on the case at their normal hourly rate. The success fee is a percentage uplift, intended to compensate the solicitor for the risk of taking on cases that may lose. The maximum success fee allowed under the regulations varies by case type.
If the case wins, the solicitor recovers the basic fee from the losing defendant under the standard costs rules. The success fee comes out of the client damages. If the case loses, the client owes nothing to their solicitor for basic fees or success fees.
The Success Fee Cap
For personal injury cases, the success fee is capped at 25 per cent of the damages for pain, suffering and loss of amenity, plus 25 per cent of past financial losses. Future financial losses are excluded from the cap calculation.
The cap was introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which reformed the funding rules for civil claims. Before LASPO, the success fee was recoverable from the losing defendant in addition to the basic fee; now it comes out of the claimant damages.
Different cap percentages apply to different types of case. Defamation and privacy cases have a different cap regime. Probate and inheritance disputes have their own rules. The CFA must specify the percentage clearly and provide an explanation of how the success fee is calculated.
Disbursements and Other Costs
Disbursements are out-of-pocket expenses incurred during the case, separate from the solicitor own fees. They include medical report fees, court issue fees, expert witness fees, barrister fees and the cost of investigating documents.
Some disbursements are paid up-front by the solicitor on the client behalf, then claimed back from the losing defendant if the case wins. If the case loses, the solicitor may absorb these disbursements or seek to recover them from the client, depending on the terms of the CFA.
The CFA should spell out clearly what happens to disbursements if the case loses. Some firms offer a fully no-cost service where they bear all disbursement risk. Others may require the client to pay disbursements in some circumstances, even if the basic fees are waived.
After-the-Event Insurance
After-the-event (ATE) insurance is a specialised insurance policy taken out at the start of a case to cover the risk that the client will have to pay the other side legal costs if the case loses. In personal injury cases, qualified one-way costs shifting (QOCS) protects the claimant from most adverse costs in most circumstances, but ATE can still cover residual risks.
ATE premiums are usually deferred and contingent: they are only paid if the case wins, out of the damages. The premium for standard personal injury cases is typically 100 to 500 pounds, although larger cases can have higher premiums.
Outside personal injury, ATE insurance is much more important because QOCS does not apply. In commercial litigation, professional negligence and other civil claims, ATE premiums can be significant. The CFA documentation should set out the ATE arrangement clearly.
Choosing a No Win No Fee Solicitor
Choose a solicitor with relevant specialist experience. The Law Society Find a Solicitor tool lets prospective clients search by location and specialism. The Association of Personal Injury Lawyers (APIL) accredits solicitors with demonstrated competence in personal injury.
Compare success fee percentages and disbursement arrangements. Some firms offer success fees below the 25 per cent cap. Others have specific arrangements for low-value cases that may be more attractive than the standard model.
Ask for the CFA documentation in advance and read it carefully before signing. The Solicitors Regulation Authority requires solicitors to explain the terms clearly and to give the client a cooling-off period in which to cancel without penalty. Specialist advice from a barrister or another solicitor can help interpret complex terms.
What to Watch in a No Win No Fee Agreement
Cooling-off period. The Solicitors Regulation Authority requires lawyers to offer a cooling-off period during which the client can cancel without penalty. This is normally 14 days. The agreement should clearly state the cooling-off arrangement.
Termination provisions. The CFA should set out what happens if the lawyer wants to stop acting (because the case prospects have changed, for example) or if the client wants to switch lawyers. Termination provisions affect costs and the success fee calculation.
Disbursement responsibility. The agreement should clearly state who pays disbursements if the case loses. Some firms absorb all disbursements; others require the client to bear some. The cap on disbursements should be set out clearly.
Success fee calculation. The agreement should explain how the success fee is calculated. Most personal injury success fees are 25 per cent of damages, with specific exclusions for future losses. The agreement should make these exclusions clear.
Where to Get Free Independent Help
The Law Society Find a Solicitor tool helps locate qualified solicitors specialising in no win no fee solicitors uk. The Law Society also publishes guides on what to expect from a solicitor and how to manage legal costs. Many solicitors offer free initial consultations.
The Legal Ombudsman handles complaints about regulated legal professionals in England and Wales. The service is free for consumers and covers complaints that cannot be resolved through the law firm internal complaints procedure within 8 weeks. The Ombudsman can order compensation up to 50,000 pounds.
Citizens Advice and law centres provide free initial advice on no win no fee solicitors uk. Some law centres can take on cases free of charge for clients who meet income criteria. The Law Centres Network at lawcentres.org.uk lists centres by location.
Pro bono schemes operated by the Bar Pro Bono Unit, LawWorks and similar organisations match clients with free representation by qualified lawyers. These schemes are particularly useful where the client cannot afford legal fees and the case is complex enough to need specialist representation.
Legal aid funds eligible legal advice and representation in defined case types - family law (particularly domestic abuse), immigration (asylum), some housing matters, and some criminal cases. The Legal Aid Agency operates the gov.uk legal aid eligibility checker that assesses whether legal aid is available for a specific issue.
The Solicitors Regulation Authority (SRA) is the professional regulator for solicitors in England and Wales. The SRA handbook sets out professional standards. The SRA also runs the Compensation Fund that helps clients who have lost money because of solicitor dishonesty or failure.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
How much can I keep from my damages?
In personal injury, the success fee is capped at 25 per cent of pain, suffering and loss of amenity plus 25 per cent of past losses. The claimant typically keeps 75 to 80 per cent of damages after the success fee and any ATE premium.
Do I have to pay anything if I lose?
Under a properly structured CFA with QOCS protection and ATE insurance, the client should pay nothing if the case loses. Some firms may seek to recover disbursements; the CFA should spell this out clearly.
What is QOCS?
Qualified one-way costs shifting. It applies in personal injury cases and protects the claimant from paying the defendant costs even if the case loses, with some exceptions for fraud or unreasonable conduct.
Does ATE insurance cost extra?
ATE premiums are typically deferred and contingent on success. The premium is paid out of damages only if the case wins, not separately by the client.
Are no win no fee solicitors qualified?
Yes. No win no fee is just a funding model. The solicitor is fully qualified and regulated by the SRA. The CFA does not change the solicitor professional obligations.
Can I switch firms partway through?
Yes, but with care. The first firm may have a charge over any future damages for work done. Specialist advice should be taken before switching. The cooling-off period at the start of a new CFA helps if the new arrangement does not work out.
Can the success fee be more than 25 per cent in personal injury cases?
No. In personal injury cases, the success fee is capped at 25 per cent of damages for pain, suffering and loss of amenity plus 25 per cent of past financial losses. Future losses are excluded. The cap was introduced by LASPO 2012.
What is qualified one-way costs shifting?
QOCS is a rule in personal injury cases that protects the claimant from paying the defendant costs even if the case loses, subject to specific exceptions. It is set out in Part 44 of the Civil Procedure Rules.
Are no win no fee solicitors regulated?
Yes. All solicitors are regulated by the Solicitors Regulation Authority (SRA). The CFA does not change the solicitor regulatory obligations. Complaints about service can go to the Legal Ombudsman.
Will I owe my solicitor anything if I lose?
Under a properly structured CFA with QOCS protection and ATE insurance, the client should owe nothing if the case loses. Specific arrangements should be in the CFA documentation.
How We Verified This
Information is taken from the Courts and Legal Services Act 1990 section 58 on legislation.gov.uk, the Conditional Fee Agreements Order 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Civil Procedure Rules Part 44 on costs and QOCS, and the Solicitors Regulation Authority handbook on CFA arrangements.