An arrangement othewise known colloquially as a “No Win No Fee Agreement” between a solicitor and client whereby the solicitor takes a success fee out of compensation if he wins, but guarantees that if he loses, he will not render a bill of charges to the client.
This type of agreement, however, does not protect a Claimant from having to pay legal costs of the Defendant if he loses. Under the current law, it is only in very few circumstances that such an order can be made.It is possible to take out insurance from an “After the Event” Insurance Company, to protect a Claimant from such as situation happening. Such a policy would also meet the costs of 3rd Party expenses such as Court Fees, Medical Report Fees, etc.
Usually, in a Personal Injury case, which is what an abuse case is, the Defendant, if he wins, cannot claim his costs from the Claimant.
The general rule, however, in litigation cases, is that the loser pays the winner’s costs.
The above is a very basic explanation. For more details, contact us.