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‘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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1 response to “‘No win no fee’ to be reviewed”

  1. Hello my name is mohammed Asafa I used to work for wigan socil a services I suffer from a neurological condition called Dyspraxia I although declared it on my application form have had no support from my employer and Other managers are calling me a dypraxic fool and that “i’m skint” and also that I’m gay etc I was suspended last thursday and everything was siezed so due to my disability I have no record of any meetings etc as my diary was taking amongst other things would you please be able to provide me with advice my number is 0796171996 I have since I started been asking for support but have had none what so ever. I feel that my suspension is constructive dissmisal. I also suffer form Bi polar syndrome and shortly before I was suspended I made my Service manager aware of the fact that I had a nevervous breakdown but again was not offerred any support He has made me work till 12 am and 1am also 5am please could you help in any way.

    Regards

    Mohammed

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