Genders and Partners have made an effort to provide correct information on this website, however the information contained on this website is intended only to provide a summary and general overview on matters of interest.
The information is not intended to be comprehensive nor does it constitute legal advice.
Laws may vary from time to time and from place to place. Before acting on any of the information contained on this site you should seek legal or other professional advice. The information contained on this website is not intended to be a complete summary of the law but as guidance only. You should not place reliance upon it without first obtaining specific advice in person from a solicitor in our office or elsewhere.
Accessing this site or any transmission or receipt of information to or from this site is not intended to create nor does it constitute a client-solicitor relationship between you and Genders and Partners.
We make no representations as to the accuracy of information contained on sites linked to this site and we take no responsibility for the contents of those sites.
The statements here are general in nature. The facts in any particular situation may alter their application or may involve other laws not referred to here. At the law firm of Genders and Partners, we will be pleased to assist you with any questions you have regarding the information contained on this website.
Click on each item to expand or collapse it
No Win No Fee
We recognise that for some people, use of the words “no win, no fee” and similar phrases may be confusing, so we provide here a plain English explanation of what is meant by “no win, no fee” and explain the costs implications of losing.
If we agree to act for you on a No Win No Fee basis in a personal injury claim, this means that:
-
If you follow our advice but lose your claim, then you will only have to pay to us our out-of-pocket expenses – you would not have to pay our professional fees.
-
“Out-of-pocket expenses” are things we pay for on your behalf, such as Court fees, medical report fees, couriers, postage, photocopies etc.
-
“Lose” means a failure to obtain a formal Court Judgment or a negotiated settlement or an offer to settle your action in excess of $4,999.00 (Four Thousand Nine Hundred and Ninety Nine Dollars).
-
If you lose your action through your own fault, (for example if you lie to us or deliberately withhold important information from us, or you fail or refuse to follow our advice), then you will have to pay to us all out-of-pocket expenses, in addition to our professional fees.
-
“Win” means obtaining a formal Court Judgment or a negotiated settlement or an offer to settle your action in excess of $4,999.00 (Four Thousand Nine Hundred and Ninety Nine Dollars).
-
If you win your claim, then you will have to pay to us all out-of-pocket expenses, in addition to our professional fees, however our professional fees (not including out of pocket expenses) cannot be greater than the amount of the judgment or settlement.
-
If you terminate our instructions (whether lawfully or unlawfully) or we do so (lawfully) before your action is finished, the No Win No Fee agreement still remains in force, and whether you later win or lose your action, then you will have to pay to us all out-of-pocket expenses, in addition to our professional fees, at the time of termination.
-
The overwhelming majority of personal injury claims do not proceed to Court (as they are generally capable of being negotiated by informal settlement). If your action should be one of the relatively few to proceed to Court, and you lose your action, then in certain circumstances you may have to pay the out-of-pocket expenses and professional fees of the lawyers for other parties to your action (such as the defendant or his insurer). This is a very rare occurrence, and we will warn you ahead of time if we think this had become a possibility in the particular circumstances of your claim.
