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Insurance and other costs beyond the headline fee

Funding a solicitor’s work and protecting against other costs are related but different tasks. An agreement described as no win no fee may leave questions about insurance, expenses and liabilities if the matter stops. This guide provides a way to organise those questions for England and Wales. It does not recommend insurance, assess cover or give an individual legal opinion. Scotland and Northern Ireland require separate jurisdiction-specific checks. Do not send policies or sensitive case documents to this information website.

Start with cover you may already hold

Before discussing a new policy, check existing legal expenses insurance and any membership or union support directly. Ask the relevant organisation whether it covers the type of issue, what conditions apply and how to request help. Finding a policy name in a household folder does not establish that this particular dispute is covered. Keep the answer and the relevant wording together.

Ask the proposed solicitor how existing funding would interact with the offered agreement. Record any review charge separately. This website does not compare insurance products, determine policy eligibility or promise that an insurer will pay. The useful outcome at this stage is a list of confirmed answers and unresolved points, not a guessed statement that you are protected.

Ask what after-the-event insurance actually does

The Law Society explains that a solicitor may arrange after-the-event insurance to help cover the other side’s costs if a case is lost, and that it may also cover the solicitor’s expenses. The words may and cover matter. Ask which liabilities the proposed policy includes, which it excludes and whether there is an excess or other contribution. A product label is not a guarantee that every possible bill is insured.

Request the premium amount, when it becomes payable and what happens if the case settles, fails or ends early. Ask whether payment depends on a successful outcome and what conditions could change that position. Keep the insurance document separate from the solicitor’s fee agreement while checking that the two explanations are consistent.

  • Who is the insurer and what document defines cover?
  • Which costs, exclusions and excesses apply?
  • When is the premium due under each outcome?

List expenses by item and payment trigger

Disbursements are costs paid out on your behalf that may later be repayable. The SRA mentions application fees and legal checks, as well as additional expert costs. Depending on the work, questions may also concern court, barrister or report fees. Ask for the expected categories without treating this list as a statement that every item applies to your matter.

For each item, record who approves it, who initially pays and who ultimately bears it. Ask whether applicable VAT is included and whether the same expense has already been included elsewhere. If an amount cannot yet be known, request an explanation of how it will be estimated, approved and updated. Unknown does not mean zero.

Compare outcomes, not just a successful example

Ask for a written account of what you could pay on success, failure, partial recovery, withdrawal and termination by the firm. The SRA warns that ending an agreement after work has been done can produce substantial charges. Do not assume that insurance removes every early-exit liability or that loss and withdrawal mean the same thing under the contract.

Use the homepage checklist to keep these questions visible. Only enter separate costs into the arithmetic worksheet when you understand what they include and have avoided overlap with the percentage deduction. The calculation is not a policy assessment or a prediction. For personal questions about protection or liability, obtain advice directly from an appropriate qualified professional.

Sources and further reading

Editorial review: 6 November 2026. This guide is general preparation information, not a technical assessment or confirmed service offer.