No win no fee

magicbastarder

Reading this article:

https://www.irishtimes.com/crime-law/courts/2024/01/10/gerry-kelly-facing-legal-bill-of-at-least-150000-after-frivolous-libel-action/

and this line caught my attention:

and don’t forget in Northern Ireland, unlike in the Republic, you are not allowed to do no win, no fee,” he said.

I wonder how that is handled? How can they legally enforce a 'supplier' to charge in full?

That said, it'd also be interesting to understand what effect that has on the number of cases taken. Might reduce the 'throw enough **** at a wall' approach that sometimes seems to happen here.

It's probably changed since the injuries levels were redrawn, but it was galling at times to see cases ending up in front of the courts which were clearly built on a house of cards. Might be no harm to also give judges the ability to bill solicitors for the courts time if the judge felt the solicitors took on a case they knew to have little basis. Though there may be some legal principle there, that would be sensible not to violate?

Peregrinus

You're right. Lawyers can't be forced to charge fees.

The point being made is basically this:

In England, and I think also in Scotland, a lawyer can make a (legally enforceable) "conditional fee agreement" under which (a) if the case is not successful, he doesn't get paid, but (b) if the case is successful, he gets paid plus he gets a premium over the "standard" legal fee for the work done — e.g. he gets paid 125% or 150% of what this work would normally cost. The premium is to compensate him for taking the risk of not getting paid at all. The more uncertain the outcome of the proceedings, the bigger the premium will be (although there are legal caps on how big the premium can be).

A variation is the "damages-based agreement" in which the lawyer charges a percentage of the damages awarded, if successful.

Neither conditional fee agreements nor damages-based agreements are permitted in NI.

This doesn't stop a lawyer taking a case on an a no-win, no-fee basis, but it greatly discourages it, since it prevents a lawyer charging an extra fee if the case is successful. With no extra fee possible, there is no incentive for a lawyer to take a case on a no-win, no-fee basis, and in general he'll only do it if he sees the case as highly likely to succeed. In practice, there are plenty of common-or-garden personal injuries cases taken on a no-win, no-fee basis in Belfast, but it would be rare for any other type of proceedings to be taken on that basis.

(For completeness, in Ireland lawyers can have agreements to charge fees only in the event of a successful outcome, but they cannot charge fees calculated as a percentage of the damages recovered.)

magicbastarder

cheers - so basically, the conditional fee arranagement is like a bank or loan shark charging a higher interest rate for risky loans, i guess?

i had not known that fees here were flat; if you'd asked me i reckon i'd have assumed that lawyers got a percentage of the award.

mountai

Anyone remember the cases where so called " Professionals" rooked the compensation awarded to Victims of Abuse ? . Were any of these Bandits ever " Struk Off" ??

spaceHopper

I've heard no fold no fee and no win no fee but it only applies to you own solicitor and your own legal costs, you could still have to pay the court and other sides costs.

magicbastarder

if you win, you generally wouldn't pay the opposition costs anyway.

Peregrinus

https://www.boards.ie/discussion/comment/121597355#Comment_121597355

Yes, but if you lose, a "no foal, no fee" agreement with your own solicitor means you don't have to pay his bill. But there will be a costs order made against you requiring you to pay the defendant's costs.