‘No win no fee’ to be reviewed
by Jenny
The Ministry of Justice has recently announced that there will be a research based review of ‘no win no fee’ funding arrangements which are used in personal injury claims, employment claims and defamation claims. Justice Minister Bridget Prentice said ‘No win no fee arrangements are vital in helping to give the public a voice in courts. However, we are aware of growing concerns that they may not always be operating in the interest of access to justice.’
Solicitors are currently able to take on Employment Tribunal work on a contingency fee agreement basis (a type of no win no fee). This means that if the Claimant is successful at Tribunal the solicitor will take a percentage of any award they receive. The percentage will vary according to the agreement made between the solicitor and the Claimant. If the Claimant is unsuccessful the solicitor doesn’t get paid. The Respondent will pay for his own legal costs (save for in exceptional circumstances). ‘No win no fee’ arrangements currently provide access to justice for those who cannot afford to pursue litigation paying on a private basis.
We will have to see what the results say (which are due in the Autumn) but I think most people would agree that the removal of contingency fee funding arrangements for employment claims will make it much more difficult for employees to bring claims to the Tribunal. Paying on a private basis simply isn’t an option for a lot of Claimants.
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