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http://typeanything.com/384-a-brief-on-no-win-no-fee/<br>As per English Law, conditional no win no fee arrangement is formally defined as, “[a] fee charged for a lawyer’s services only if the lawsuit is successful or is favourably settled out of court…Contingent fees are usually calculated as a percentage of the client’s net recovery.” Black’s Law Dictionary (8th edition2004)
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http://typeanything.com/384-a-brief-on-no-win-no-fee/ Taking legal action can be a complicated and formidable prospect. Any person seeking litigation should consider taking assistance of professionals to guide them through the process as it would be too overwhelming for them to understand on their own. Gathering evidence and building a case requires expert legal opinion. The concept of ‘No Win No Fee’ between clients and solicitors was developed to widen access to justice. The proper term for ‘no win no fee’ is Conditional Fee Arrangements and they were introduced, in a more limited form, through the Courts and Legal Services Act 1990 (Section 58) but started functioning only since 1995. It is known as ‘Contingent Fee’ in the US. The basic principle of this concept is simple; a conditional fee is any fee that is payable for services only if the client receives a favourable result after filing for claim.
History of ‘No Win No Fee’ in the UKThe concept of conditional fee arrangements was the cause of much arguments and controversies amongst legal professionals and politicians for the last 200 years. This concept was deemed to offend ancient legal prohibitions against an old ideology known to solicitors as ‘champerty and maintenance’. Maintenance, in legal context, is the meddling of an uninterested party who encourages a lawsuit. Champerty can be explained as an aggravated form of maintenance wherein, litigation is supported by a third party or a stranger in return for a share of the proceeds if the claim is successful.
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