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What Is No Win No Fee?

England & WalesLast reviewed 2 August 2026

No win no fee is a funding arrangement where your solicitor agrees to handle your case without charging professional fees unless it is successful. In the UK, this is formalised through a Conditional Fee Agreement (CFA), governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

How Does No Win No Fee Work?

Direct Answer: Under a CFA, professional fees depend on the agreed outcome. If the case succeeds, the solicitor may charge base costs plus a success fee. In a personal-injury case at first instance, the amount taken from damages is separately capped at 25% of PSLA plus past pecuniary loss, net of recoverable benefits. QOCS protection is qualified, not absolute.

Under a no win no fee arrangement, your solicitor agrees to handle your case on the basis that they will not charge you their professional fees if the case is unsuccessful. This is formalised in a Conditional Fee Agreement (CFA) — a written contract that must comply with the requirements of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 2013.

If your case succeeds, your solicitor is entitled to charge their base costs (the normal fees for the work done) plus a success fee. The success fee is a percentage uplift on the base costs, reflecting the risk the solicitor took in running the case. It can be up to 100% of base costs, but for personal injury claims it is capped at 25% of the damages awarded for general damages (pain, suffering, and loss of amenity) and past financial losses.

The Role of LASPO 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) fundamentally changed how no win no fee works in England and Wales. Before LASPO (prior to April 2013), success fees and ATE insurance premiums were recoverable from the losing defendant. Post-LASPO, these costs must be paid by the successful claimant from their damages — hence the 25% cap to protect claimants from excessive deductions.

LASPO also introduced Qualified One-Way Costs Shifting (QOCS) for personal injury claims, which provides significant cost protection: if you lose, you generally do not have to pay the defendant's legal costs.

What Are Disbursements?

Disbursements are the out-of-pocket expenses incurred during the case — separate from the solicitor's professional fees. Common disbursements include:

  • Medical expert report fees
  • Court issue fees
  • Barrister fees (counsel's fees)
  • Police report fees
  • Travel and accommodation expenses

If the case is lost, the claimant may be responsible for these disbursements unless protected by After-the-Event (ATE) insurance.

After-the-Event Insurance

ATE insurance is a policy taken out after an incident has occurred (hence "after the event") to protect against the risk of having to pay disbursements and, in some cases, the opponent's costs. The premium is typically deferred and only payable if the case succeeds. Most no win no fee solicitors arrange ATE insurance as standard.

QOCS — Your Cost Protection

Qualified One-Way Costs Shifting (QOCS) is a rule that protects personal injury claimants from adverse costs orders. Under QOCS (introduced by the Jackson Reforms in 2013), if you bring a personal injury claim and lose, you generally do not have to pay the defendant's legal costs. The protection is lost only in cases of fundamental dishonesty, claims struck out as an abuse of process, or where the claimant has entered into a pre-commencement funding arrangement.

No Win No Fee vs US Contingency Fees

The UK no win no fee system (CFA) differs significantly from the US contingency fee model. In the US, the attorney takes a percentage of the damages (typically 33–40%). In the UK, the solicitor charges base costs plus a success fee — they do not take a share of the damages directly (unless using a Damages-Based Agreement). For more detail, see our US contingency fee guide.

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Frequently Asked Questions

What does no win no fee mean in England and Wales?

It usually means a Conditional Fee Agreement. Professional fees depend on the agreed definition of success, while disbursements, insurance and adverse costs are separate. In personal injury, the success fee and the statutory cap on deductions from specified damages are different limits.

What is a CFA?

A Conditional Fee Agreement (CFA) is a written agreement between you and your solicitor that sets out the terms on which they will act for you on a 'no win no fee' basis. CFAs are regulated by the Courts and Legal Services Act 1990 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

What is the success fee?

The success fee is a percentage uplift that your solicitor charges on top of their base costs if you win. It can be up to 100% of the solicitor's base costs, but for personal injury claims it is capped at 25% of the damages awarded for pain, suffering, and loss of amenity (general damages) and past financial losses.

Do I need After-the-Event insurance?

ATE insurance is not legally required, but it is strongly recommended. It protects you against having to pay disbursements (expert report fees, court fees) if your case is unsuccessful. Most no win no fee solicitors will arrange ATE insurance as part of your funding package.

What is the difference between a CFA and a DBA?

Under a CFA, your solicitor charges base costs plus a success fee. Under a Damages-Based Agreement (DBA), your solicitor takes a percentage of the damages awarded — similar to the US contingency fee model. DBAs are regulated by the DBA Regulations 2013 and capped at 25% for PI, 35% for employment, and 50% for other cases.

How is no win no fee regulated in the UK?

No win no fee agreements are regulated by the Solicitors Regulation Authority (SRA), the Courts and Legal Services Act 1990, LASPO 2012, and the Conditional Fee Agreements Order 2013. The SRA's Code of Conduct 2019 sets standards for how solicitors must explain CFAs to clients.

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 2 August 2026.

  1. 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.

  2. 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.

  3. 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.

  4. 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 2 August 2026. Next review due 2 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.

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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 2 August 2026.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 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.