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Although the concept of no fee claim is hugely popular in the UK, many are not really aware of what it actually means. The general concept is that a no fee claim can be filed through solicitors who work on the basis of no win no fee schemes. To a certain extent it is correct and to some extent it is not that easy. It integrates a whole lot of 'ifs' and 'buts' and a client must be updated about it fully before he taps this resource. This article wishes to enlighten you on this issue.

What is actually a no fee claim?

To answer in the most straightforward manner, a no fee claim means that you must not be charged a penny to file/fight your claim and that you must receive your full compensation amount without any kind of deductions. Television advertisements claiming that they are going to get you a no fee claim with no risk usually have small prints scrolling across at the down which subjects your case to consideration and approval before it is taken under the hood of no claim cases.

Now what does that mean? It means a lot actually. To be accurate, it points out that IF they take up your case, they are going to try and get you 100% compensation under no win no fee scheme. There are case types that they fight and beyond that they are not ready to represent without a fee. This decision lies in the solicitors' hands and they weigh and judge a case before signing up for representing it at court.

How can lawyers exercise judgment on taking up no fee claim cases?

The English legal system previously worked on the basis of a legal aid system which was government enabled and which offered financial help to people who lacked resources but deserved a fair chance at court case hearings or wanted to access court facilities. The no win no fee claim system was introduced in the UK only in the year 1995 and this directly shifted the focus of responsibilities from the government to the solicitor. Hereby, a no fee claim lawyer was supposed to fight a case and claim his fees only when the client got his due share of compensation.

However, since this entailed a lawyer to loss of fees also if the case was weak, the discretion of choosing the case for representation was passed on to the lawyer himself. In the UK, the lawyer can "cherry-pick" a winnable case and deliberately evade ones which he feels lack on merit. The no fee claim agreement is signed between the lawyer/law firm and the client and the government has no role to play here.

No fee claim lawyers offer free consultation services and can tell you after considering your case, if it is eligible for no fee claim or not.

In some cases, a lawyer can take up your case for no win no fee and sign a contingent agreement with you on the following conditions-

a) A conditional fee arrangement is agreed upon by both parties in the case of a win

b) You are advised to buy an insurance policy which can be utilized to cover the legal expenses in case the case is lost

This is something that you need to be cautious about. An insurance policy can cost you somewhere between £200-900 and are sometimes required to be paid up at the upfront. In case you are considering this, remember that such post-event legal insurances must be 'self-underwritten'. This means that if you do not win, you do not pay for the policy either. Never compromise on this, as in all no fee claims taken up by any attorney firm, the bottom line remains the same - NO WIN NO FEE.

Consulting a good no fee claim solicitor is probably the best thing to do as he can guide you on the guidelines of the same and keep away surprise charges from you. Always discuss with your solicitor, in clear terms, whether there is likely to be any upfront cost (which should not be there) during the case and how his fees are to paid, IF YOU WIN. Making an informed choice can help you to get your claim to the fullest and without any undue deductions.