‘No win no fee’ – What you need to know?

Is extremely probable that at sometime in your life you will be involved in some form of legal transaction, whether it be in the form of a buying a house, getting divorced or a major court case.

And worrying about legal costs can be frightening – especially in a big litigation case like, for example an accident or medical negligence claim, or a business litigation case. It’s hardly surprising that many people are simply left asking themselves the question of how exactly they can go about paying for it. Thankfully amidst all the legal jargon you are likely to hear, there is one term that can help alleviate the financial pressures. ‘No win no fee’ is a term used by law firms, but what does it actually mean? This article looks at what the term ‘no win no fee’ means and the steps you can take to pursue a claim under such an agreement.

What exactly is ‘no win no fee’?

In most aspects ‘no win no fee’ is pretty self-explanatory, as it entitles a claimant to put forward a claim without needing to pay the legal costs upfront. It is a risk free approach largely because in bringing a claim,, in broad terms, you will only need to pay if you win your case.

However, no win no fee, [or a conditional fee agreement as is often known] can take on different variations – as in some instances you may only have to pay some or part of the costs, this is especially true when a judge orders the defendant in the case to pay part or all of your legal fees. If you are putting forward a medical negligence claim, then there is every chance that the insurance company covering the Doctor or hospital in question may cover your fees should you win. Pursuing a claim via a ‘no win no fee’ agreement is the perfect option for those who don’t want to or can’t afford expensive court fees and unnecessary stress.

Will my claim qualify for a ‘no win no fee’ approach?

Many types of court claims can be taken on under ‘no win no fee’, but some are more widely considered suitable for such agreement than others. Here at Bonallack & Bishop our experienced team regularly run clinical or medical negligence cases, along with accident claims what most people think about when they hear the phrase ‘no win no fee’.

Your no-win no fee claim – finding the right solicitor

Finally of your case potentially qualifies for ‘no win no fee’ funding is one thing, finding the right solicitor to handle your case is another thing entirely.

To start your search for the right solicitor, probably the first place to start is to ask for recommendations from friends and family. Failing that go online and google – not only should you have a look at the website of any law firm you’re considering, but don’t forget there are increasing number of online reviews of law firms – so you can see what other people are saying about the solicitors in your area. You probably wouldn’t buy washing machine without checking out some online reviews – picking the right solicitor is no different.

Make sure that you find a firm with real expertise in your kind of case. So when it comes to picking a really good specialist solicitor for say an accident claim or medical negligence case – you should start at looking at which firms locally have members of the in relevant membership panels (such as the Law Society Personal Injury Panel). You may be surprised to find out how few solicitors really are specialist.

However, all this careful preparation will be for nothing if you don’t feel comfortable and at ease around your chosen solicitor. Trust is key and knowing that you can talk about your case in a judgement free environment will always be important when it comes to putting your case forward.

Want to make a No Win No Fee Claim? Contact us now

For FREE initial advice about using no win no fee to make an accident or any other type of claim in Salisbury, contact our team today;

• Call us on SALISBURY (01722) 4223000

• or fill in our online enquiry form

    Bonallack and Bishop Aim to Double Lease Extension Work

    Here at Bonallack and Bishop we’ve got big plans to increase the amount of lease extension work in the next two years. We already have a dedicated legal team who work exclusively on freehold purchase, right to manage and lease extension cases, and they already handle well over 200 cases every year. We understand that there are around 1.5 million leasehold flats in England and Wales, all of which will need a leasehold extension at some stage. We think that this presents a great opportunity to increase the workload of our lease extension significantly, and expand our team too.

    We’re not just hoping that increased business floods in because of the current housing boom. We are already starting a marketing campaign, based around educating leaseholders. It is staggering to see how many long residential leaseholders are unaware of their legal rights to force the freeholder into extending their leases by up to 90 years, and understand that it’s not just flat owners who may have this right. Lots of estate agents, mortgage brokers and other property professionals also have a shaky grasp on the lease extension process, and when trying to sell a flat with a short lease remaining this becomes a huge issue.

    We have already noticed an increase in the amount of work we’re doing, and as well as giving our team of specialist lease extension solicitors extra administrative support, the company’s trainee solicitor is about to join the team.

    Act now to start your lease extension

    There’s only one very simple piece of advice when it comes to lease extension – start the process now. As time passes your lease gets shorter, which makes extending it more expensive. The situation is worse because of the current housing market and rapidly rising prices, as the cost to extend your lease is based on the value of your property. As your flat goes up in value, so does the amount you’re going to have to pay to extend your lease.

    Looking for a specialist Lease Extension Solicitor in Salisbury? Contact us today

    Most conveyancing solicitors only deal with lease extensions once every few years if at all – and sadly many of them don’t do it well. It’s a tricky area of law and you really need a specialists.We have the only specialist lease extension team in Wiltshire. Lease extension, along with freehold enfranchisement and right to manage company formation is all they do. So for genuine expert legal advice on extending your lease;

    • Call our team on SALISBURY (01722) 4223000 or

    • Fill in our online enquiry form

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      Setting up a business in partnership with another person or in a group can appear like a great idea which can also save a lot of hassle. If you were setting up a limited company for example you would need to pay fee and deal with complex administration which is not the case when setting up a business partnership. However, things are rarely so easy and whilst you may have a strong friendship or working relationship with you partner/s at when you set the business up, this could all change.

      No regrets

      It is crucial to protect your business interest s and you do not want to cut any corners (by not setting a business partnership agreement from the outset for example) because you may regret this later. The story often goes something like this: you started trading and everything was going well until some difficult decisions needed to be made. You and your partners had different ideas on how to go about things and the time spent debating what to do resulted in a missed opportunity. This created tension and arguments and it quickly became apparent that some people were not pulling their weight. All of sudden it appeared grossly unfair that profits were shared equally between partners.

      Why a business partnership agreement is worthwhile

      Quite simply, you can save yourself a lot of stress and hassle by instructing an experienced business solicitor to draft a business partnership agreement from the very start. This will not only help you at the beginning but will ensure that your interests are safeguarded for the lifetime of the partnership. With such a partnership in place everyone will understand their roles and position within the company. You will end up with an agreement perfectly suited to the needs of your business.

      A good partnership agreement will cover everything listed below:

      • Exactly who is involved in the partnership and what their roles, rights and responsibilities are

      • What he business partnership will be named and where the premised will be

      • A glossary of terms so that the agreement can be easily understood

      • How the decision making procedure works

      • Financial contributions: how will assets and liabilities be distributed between partners? Who will deal with the insurance, banking and accounts for example?

      • What happens should someone retire, die or be forced to leave the partnership? Gan a partner or outgoing partner be bought of their share

      The business partnership may well grow very quickly to start with which can lead the asset/liability state of affairs to change very unpredictably. By having a partnership agreement set up early on, you can ensure that everyone is focused on the job in hand rather than the state of the finances.

      Reach specialist business solicitors in Salisbury on 01722 422300

      The business law team here at Bonallack & Bishop are have local knowledge as well as vast experience of commercial law issues which will help  them to quickly get to grips with needs of your business.

      • So for expert advice on partnership agreements, call us now on Salisbury [01722] 422300, or
      • Complete the contact form below.

        Frequently asked questions – Divorce finances

        What role do the courts play in divorce finances?

        The courts will only step in to make rulings over divorce finances if the parties involved apply for it to do so. Therefore, courts normally only become involved when attempts to reach a financial settlement out of court have failed.

        If an agreement is made out of court, this takes immediate effect and makes court involvement unnecessary. However, if either party later believes that the agreement is ineffective, they can apply to the court for an order to alter the agreement.

        My divorce – is everything split down the middle?

        Assets will not necessarily be divided equally, however they are often are after lengthy marriages where both parties have made significant contributions either financially or to family life (e.g. childcare, maintaining the marital home).

        Cases where both parties are agreed upon an equal split can be very straightforwardly be sorted out without court intervention, therefore saving time and legal expenses.

        Where there are few assets and there are also young children an equal split is likely to be deemed inappropriate. This is because the parent looking after the children will need a greater share of finances.

        What is a ‘clean break’ when divorcing?

        ‘Clean break’ orders can be obtained from the court which stipulate that all financial terms are agreed and no maintenance payments are needed for spousal or child support. Courts will not consider this option if there are insufficient resources for all concerned to subsist.

        What does a consent order do?

        Consent orders are order made by the courts which essentially make financial arrangements agreed out of court binding and irreversible. Courts require very detailed breakdowns about all assets and liabilities involved in the divorce in order to approve the order. Each party must also provide sworn statements and the court will want to check that they have each received sound legal counsel.

        Which financial details need to be disclosed in divorce?

        Courts need to know about all assets and liabilities meaning that full disclosure is required. The full list of what the court will expect you to disclose is contained in a sizeable document called Form E, which will be expected to complete. However below is a checklist of some of the main things you will need to to consider:

        • Detail all assets held by both you and your spouse

        • Work out the equity value of the marital property (its current value minus the amount left on the mortgage)

        • Total the value of belongings and savings such as vehicles, deposits etc.

        • Value any business you or your spouse own

        • Contact insurers to find out the cash value of any endowment policies

        • Total any debts held by parties

        Live in Salisbury?Need advice on the financial aspects of divorce? Call us today

        The financial side of divorce can be very complex which is why it’s so important to have a specialist divorce lawyer on your side. Here at Bonallack & Bishop, our four strong family team are genuine specialists – divorce and family law is all they do.

        We have more specialist family law accredition than any other law firm in Salisbury – the team contains two jointly qualified family mediators/lawyers and three fully accredited collaborative lawyers and they are hugely experienced in complicated divorce finances, so, for a free initial advice over the phone and a free 30 minutes appointment on any aspect of family law:

          Bonallack & Bishop granted Conveyancing Quality Scheme accreditation by the Law Society

          Law Society Conveyancing Quality Accredited

          In recent years, the amount of regulation surrounding conveyancing has increased greatly making life more difficult for lawyers and those looking to buy or sell a property. Indeed, something as innocuous as a solar panel can cause enormous problems for those who are not up to speed with the complexity of property law.

          It is crucial therefore that the solicitor you instruct for your conveyancing needs is a genuine specialist. How to you check specialist status though? The clearest indicator is their membership of specialist legal panels such as those operated by the Law Society.

          In the case of conveyancing, you want to check that your solicitors are part of the Law Society’s Conveyancing Quality Scheme – a panel dedicated to lawyers specialising in the sale and purchase of properties. One need only to look a the list of companies who rely upon members of this panel to see how well-respected it is; HSBC, Santander and Clydesdale and Yorkshire Bank all rely on the panel’s expertise.

          It is not easy to earn a place on this panel; the Law Society subjects all applications to thorough assessment to ensure that there is a sufficient level of expertise and previous success doing conveyancing work.

          When instructing a lawyer for your conveyancing work, it is important that you choose a member of the Scheme and Bonallack & Bishop’s Salisbury based conveyancing team meets that requirement.

          Call 01722 422300 for advice from accredited conveyancing experts

          When you instruct our Salisbury conveyancing solicitors, you do not only get Law Society accredited specialist, but expert lawyers committed to excellent client service. To find out more about how we help you:

          Call 01722 422300, or

          Send us an email using the contact form below: