You know how Solicitors work on No Win No Fee - well until a decision is made compensation and Solicitor has done work et al on the case - if there is a no win etc situation how can solicitor make their money.
That's about it, JJ. Unless they are very sure they will win the case and the other side has the funds to pay their costs they will not take the case on.
No win, no fee is usually reserved for cases involving insurance companies, such as car accidents and illness caused by poor hygiene of hotels.
Remember that the vast majority of personal injury claims never reach court. The defendants will usually pay up because it is cheaper than defending the case.
Fairly recently I took advice regarding a case. The solicitors told me that they would risk access the case amongst the partners. If the partners give the go ahead then he would accept the case on a 'No win, no fee' basis.
The best advice he gave me ( which I took up) was advising me to take out an indemnity. The indemnity meant that should the other side win or make a counter claim, my fees would only be a maximum of a few hundred pounds.
Baring in mind the solicitors fee was £250ph ..
After more than 50 hours clocked up the case fell apart.
Needless to say the indemnity kicked in ..
I looked into no win no fee a few years ago....and yes most of the commercial firms who base their advertising around this will require the customer to take out insurance to cover the solicitors' costs should the case fail. I believe, although I never tested it, that the insurance is only made available to people who are adjudged to have a winnable case anyway.
My workplace was sued by a woman who was injured on the premises (she slipped down a couple of steps while looking at her phone). Her solicitor took out insurance in case she failed to win. I think she had to pay for the insurance, so 'No win, no fee' is not strictly true, I believe.
The case never got to court anyway.