No Win, No Fee Funding
We are pleased to offer conditional “no win, no fee” fee agreements or “CFA”’s in appropriate cases.
The following applies to CFA’s dated 1 April 2013 or later.
If we agree to act for you on the basis of a CFA, you will not have to pay anything for the cost of the work done by Blackburn & Co. (“the Costs”), if you lose. If you win, you will have to pay the Costs and a success fee. However, you are entitled to recover most, if not all, of your Costs from from your losing opponent. You cannot recover the success fee from your losing opponent: you will therefore have to pay the success fee out of any damages you recover from your losing opponent, if you win. The good news is that in a personal injury or clinical negligence claim, the amount of the success fee which you have to pay is limited to 25% of the total of your damages for pain, suffering and loss of amenity, plus your damages for past loss (in other words, there will never be any deduction from any damages for future loss, which, in serious injury cases, is usually much larger than general damages and damages for past loss combined), which you recover from your losing opponent, if you win.
CFA clients are protected against having to pay the other side’s costs* and their own disbursements, if they lose, by insurance. The premium for this insurance is generally self insured: in other words, you do not have to pay the premium if you lose. However, you cannot recover the insurance premium from your losing opponent, if you win**: the insurance premium will be deducted from your damages.
Under a CFA, therefore, if you lose, you pay nothing for the cost of the work done by Blackburn & Co. in acting for you in relation to your case; and your insurance policy will repay any disbursements which have been incurred, as well as paying for any adverse costs payable to your opponent*. If you win, you receive your damages less (a) any unrecovered Costs; (b) your success fee (limited as above in personal injury and clinical negligence claims); and (c) your insurance policy premium**.
CFA clients will hopefully be encouraged by the fact that we at Blackburn & Co. have sufficient confidence in the strength of your case to agree to act on the basis that we are paid nothing for the work we do, if you lose.
*Costs are only payable by clients in claims funded by CFA’s post dating 31 March 2013, where either the client fails to beat a Part 36 offer (in which case, any adverse costs are paid by the insurance); and where the client has exaggerated or fraudulently brought the claim (in which case , any adverse costs are not paid by the insurance).
**Part of the insurance premium remains recoverable in successful clinical negligence claims.