What If I Lose a No Win No Fee Claim?
If your claim fails you will not normally pay your own solicitor’s fees for their work. That is what “no win no fee” means — and it is not the same as paying nothing. You may still be responsible for disbursements, for an insurance premium, and in some circumstances for the other side’s costs. This page sets out each of those, and when the usual protections do not apply.
The Four Things You Might Still Pay
Direct Answer: In England and Wales a losing claimant on a CFA normally owes nothing for their solicitor’s own work. Four other liabilities can survive: disbursements, an ATE insurance premium, the defendant’s costs where QOCS does not protect you, and any liability created by your agreement’s termination clause.
| Cost | Do you pay it if you lose? |
|---|---|
| Your solicitor’s fees | Normally no — this is the core of the agreement |
| Disbursements | Depends on the agreement. Some firms absorb them, some pass them on, some rely on ATE cover. Ask before signing. |
| ATE insurance premium | Depends on the policy. Many are deferred and self-insuring, so payable only on success. |
| The defendant’s costs | Usually not in a personal injury claim, because of QOCS — but QOCS is qualified and can be lost. |
Where QOCS Does Not Protect You
Qualified one-way costs shifting is the reason most losing personal injury claimants in England and Wales do not face the defendant’s bill. The word doing the work is qualified. Under CPR Part 44 protection can be lost or may never apply where:
- the claim is found to be fundamentally dishonest;
- the claim is struck out on specified grounds;
- the claim is not a claim for personal injuries — QOCS does not cover, for example, a pure housing disrepair damages claim or a professional negligence claim; or
- enforcement is sought against a costs order or agreement to pay made in your favour, which CPR 44.14 has permitted since 6 April 2023.
That last point matters more than it sounds. It reversed much of the practical effect of Ho v Adelekun, and it means a claimant who wins some costs orders along the way can find them set against the defendant’s costs at the end. Read our full QOCS guide.
The Part 36 Trap
The most common way a claimant ends up paying costs is not losing outright — it is rejecting an offer and then failing to beat it. Under CPR Part 36, if you reject a defendant’s offer and the court awards you the same or less, you will normally be ordered to pay the defendant’s costs from the end of the relevant period, plus interest. This can happen even though you won. Never reject an offer without understanding that risk.
Questions to Ask Before You Sign
- If the claim fails, who pays the disbursements incurred to that point?
- Is ATE insurance being arranged, who pays the premium, and when is it payable?
- Is the premium deferred and self-insuring, so it is only payable on success?
- What happens if I end the agreement, or if you do?
- What happens if I reject an offer you advise me to accept?
- Is this claim one where QOCS protection applies at all?
Frequently Asked Questions
Frequently Asked Questions
Do I pay anything if I lose a no win no fee claim?
What are disbursements and do I pay them if I lose?
Can QOCS protection be lost?
What happens if I reject a settlement offer and then lose?
Will I have to pay an insurance premium if I lose?
Can my solicitor charge me if I end the agreement early?
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 3 August 2026.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
- Civil Procedure Rules, Part 36 (offers to settle)
Cost consequences of rejecting an offer and failing to beat it at trial.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013
Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- SRA Standards and Regulations
Conduct rules for solicitors in England and Wales, including costs transparency.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 3 August 2026. Next review due 3 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.