What is no win no fee and how does it work for slip and trip claims

If you have slipped or tripped and been injured, the cost of legal advice can feel like a barrier. No win no fee removes that barrier. It means you can pursue a compensation claim without paying anything upfront, and without risking your own money if the claim fails.

This guide explains exactly how it works, what it costs if you win, and what happens if you do not.

---

The formal name: conditional fee agreement

"No win no fee" is the plain-English description of a conditional fee agreement, or CFA. A CFA is a contract between you and your solicitor that sets out when and how the solicitor gets paid.

The key feature is this: the solicitor's fee is conditional on the outcome. If the claim succeeds, the solicitor is paid. If it fails, the solicitor is not.

CFAs are regulated by the Solicitors Regulation Authority (SRA) and governed by the Courts and Legal Services Act 1990 and subsequent regulations. The cap on the success fee is set by the Damages-Based Agreements Regulations 2013.

---

What happens if your slip claim fails

If your claim does not succeed, you pay nothing to your solicitor.

The solicitor takes on the financial risk. If they spend 20 hours working on your case and the claim is lost, they receive no fee for that work. This is why solicitors assess claims carefully before taking them on. They only agree to a no win no fee arrangement when they believe the claim has a reasonable prospect of success.

You also need protection against the other side's legal costs. If a claim fails, in some circumstances the losing party can be ordered to pay the winner's costs. This risk is covered by after the event (ATE) insurance, which your solicitor will arrange as part of the process. The ATE premium is only payable if the claim succeeds, and is deducted from the compensation at that point. You do not pay it upfront.

---

What happens if your slip claim succeeds

If your claim succeeds, the solicitor is paid a success fee. This is a percentage of your compensation.

Under current rules, the success fee is capped at 25% of your general damages and past losses (the compensation for your pain, suffering and any past financial losses such as lost wages). It cannot exceed this cap regardless of how complex the case was or how long it took.

So if you receive £12,000 in compensation, the maximum the solicitor can take as a success fee is £3,000 (25% of £12,000). You receive the remaining £9,000.

The ATE insurance premium is also deducted at this point, as is any disbursements (for example, a medical report fee or court fee) that were incurred during the claim.

Your solicitor must explain all these deductions to you clearly before you sign the CFA. You should know exactly what you will receive before you agree to proceed.

---

A worked example

You slip on a wet floor in a supermarket. There was no warning sign. You fracture your wrist and are off work for six weeks.

Your claim settles for £14,500:

• General damages (wrist fracture): £11,000
• Special damages (lost earnings + medical costs): £3,500

The deductions from your award:

Item	Amount
Success fee (25% of £11,000 general damages + £3,500 past losses = 25% of £14,500)	£3,625
ATE insurance premium (example)	£320
You receive	£10,555

This is an illustration. The actual figures depend on your specific case and the ATE premium your solicitor arranges.

---

Why does the solicitor take a percentage rather than an hourly rate?

Before the law changed in 2013, the defendant (the supermarket or its insurer) paid the winning claimant's solicitor fees directly, including the success fee. The claimant kept 100% of their damages.

That system was reformed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Since April 2013, success fees are paid from the claimant's damages, capped at 25%. The trade-off is that the 25% cap gives you certainty: you know the maximum deduction before you start.

---

What the solicitor assesses before agreeing to a no win no fee slip claim

Because the solicitor carries the financial risk, they will assess your claim before agreeing to take it on. For a supermarket or public liability slip and trip claim, they will typically look at:

Liability: Was someone else responsible for the condition that caused your fall? For example, did the supermarket fail to clean up a spillage within a reasonable time, or fail to put out a warning sign?

Causation: Did that failure directly cause your injury? If you had a pre-existing condition that was made worse, this can still be claimed for, but needs to be addressed.

Evidence: What evidence is available? CCTV footage, an accident book entry, photographs, or medical records all strengthen the case.

Limitation: Are you within the three-year time limit? Claims must generally be brought within three years of the date of the accident.

If the solicitor believes the claim has a good prospect of success on all four points, they will offer a no win no fee agreement.

---

Common questions about no win no fee slip claims

Can I switch solicitors if I am already in a no win no fee agreement?

Yes, but you may owe fees to your first solicitor for work already done, which could be deducted from your final award. Get advice before switching.

Is there a time limit to make a claim?

Yes. In England and Wales, you generally have three years from the date of the accident to start a claim. This limit is strictly applied. If you are close to the three-year mark, contact a solicitor as soon as possible.

What if the supermarket or its insurer offers me a settlement directly?

Do not accept a settlement offer or sign anything without speaking to a solicitor first. Retailers and their insurers routinely make early offers that are significantly lower than the full value of a claim. Accepting and signing a release ends your right to claim further compensation, even if your injuries turn out to be more serious than first thought.

Does no win no fee mean any solicitor will take any claim?

No. Solicitors assess each case. If a claim has poor prospects, for example because there is no evidence of a hazard, or the limitation period has passed, a solicitor will not take it on a no win no fee basis. This is a feature, not a flaw: it means the solicitors who do take your claim on genuinely believe in it.

Can I get legal aid for a slip and trip claim?

Legal aid is not available for personal injury claims in England and Wales. No win no fee is the standard funding route.

---

How to start a no win no fee slip claim

The first step costs you nothing. Contact Edward & Amaury Solicitors for a free initial assessment. One of our solicitors will review your situation, ask a few questions about what happened and what injuries you sustained, and give you a clear view of whether you have a claim.

If we take your case on, we will explain the no win no fee agreement in full before you sign anything, so you know exactly what the deductions will be if you win.

Contact us for a free claim assessment

There is no obligation and no cost to making an enquiry.

---

Summary

• No win no fee (conditional fee agreement) means you pay nothing if your slip claim fails.
• If the claim succeeds, the solicitor's fee is capped at 25% of your compensation.
• After the event insurance protects you against the other side's costs and is only paid on success.
• The solicitor assesses your claim before agreeing to a no win no fee arrangement.
• You have three years from the date of your accident to make a claim.
• A free initial assessment with Edward & Amaury Solicitors will tell you whether your claim qualifies.

---

Edward & Amaury Solicitors is regulated by the Solicitors Regulation Authority. This article provides general guidance only and does not constitute legal advice on any specific case.