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Thursday 26 June 2014

Is it normal to charge a success fee?

Question:
I was a passenger in a friend’s car when he pulled across a junction. He did not have right of way. As a result I have a spinal cord injury and am paraplegic. I’ve seen a solicitor who thinks the case is easy to win and will act under a “no win, no fee” agreement.  However they also want to charge a success fee which will be taken from my damages.  Is this normal practice?

Answer:
It appears you have a straightforward liability case, especially if it has already been admitted. With such a significant injury you should receive a large award for damages. Success fees are primarily for the solicitor taking risk, in case they don’t win and are paid nothing. In your case, it seems, there is little risk and I don’t see why you are being charged a success fee.  You could ask that the success fee be dropped or alternatively seek further advice.

For further advice contact David Healy on 01722 410664 at Sampson Coward, email David Healy