Cycling UK Forum

Psamathe wrote:One warning about "No Win, No Fee" based on such a scheme I was offered. When I had to take somebody to court my solicitors offered me a No Win, No Fee scheme but on reading the small-print I found that if we won the case, I would be liable for the (significantly higher) legal fees which they would then recover from the other party. This is all straightforward if the other party is an insurance company or has plenty of assets. In my case, the other party might easily not have had adequate resources to pay the increased legal bill and were her assets inadequate, I would be liable for any shortfall.

Ian

Yes.

But it important to remember that any solicitor only takes on your case to make money for himself, not primarily to provide a service to the customer. That applies to all people who sell their labour in any circumstances. I'm not running down solicitors.

Having your case accepted by a 'no win, no fee' is a very good indication that money is coming your way, and also that you won't have to pay anything yourself even if things don't go as expected.

As I've posted more than once, a decent solicitor will say from the start whether you have a case worth pursuing. Obviously, that initial assessment will be subject to more evidence emerging. As has been pointed out, it's the way they make a living so if somebody with the £££ insists on going ahead in spite of advice to the contrary then they'll do it. Most of us haven't that sort of money, although you do here reports of huge sums being squandered in disputes over wills. The old, means-tested legal aid required only that the solicitor should certify that their client had an arguable case. No win, no fee, and similar systems require solicitors to back their own judgment in that they can only make money by winning. The client is protected from losing by taking out "after the event insurance" but that insurance is only available if the lawyer certifies the case is winnable (better than 50:50, afaik) If a solicitor is unsure, they may get another opinion from an experienced barrister.

So, the point that a solicitor taking on a no win, no fee case, is a good predictor of eventual success and a payout seems valid to me.

the criminal case will be heard sometime this week so I hope to hear more.

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Unfortunately, nothing about the result of the prosecution of the bus driver.