How Conditional Fee Agreements work, what you pay if you win or lose, ATE insurance, success fees and your legal rights — everything explained in plain English.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
Direct Answer
A No Win No Fee dental negligence claim is funded through a Conditional Fee Agreement (CFA). If you win, a legally capped success fee on your general damages and past losses is deducted from your compensation. Where we arrange After the Event insurance, it covers the other side's costs and your disbursements if you lose, on the policy's terms. You pay nothing upfront, and if you lose you pay us nothing.
The cost of legal representation is one of the main reasons people hesitate before making a dental negligence claim. The fear of facing an expensive solicitor’s bill — especially if the claim does not succeed — puts many people off pursuing compensation they may be fully entitled to. No Win No Fee funding exists specifically to remove that barrier. This guide explains exactly how it works, what you will and will not pay, and what to look for before you sign any agreement.
What Is No Win No Fee?
No Win No Fee is the common name for a funding arrangement in which your solicitor agrees to represent you without charging any upfront legal fees. If your claim is unsuccessful, your solicitor writes off their fees and you pay nothing. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above.
The arrangement is formally known as a Conditional Fee Agreement (CFA) — the fee your solicitor charges is conditional on the outcome of your case. CFAs are governed by the Courts and Legal Services Act 1990, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the Conditional Fee Agreements Order 2013.
How common is No Win No Fee? It is the standard funding model for this type of claim and is well-established in law.
What Is a Conditional Fee Agreement (CFA)?
A Conditional Fee Agreement is a written, legally binding contract between you and your solicitor. It is not a casual arrangement — it must be set out in writing before your solicitor begins work on your claim, and it must explain clearly:
- What work your solicitor will carry out and at what stage
- The circumstances in which the success fee becomes payable
- The percentage of the success fee and how it is calculated
- What happens if you lose, withdraw or breach the agreement
- Any disbursements (out-of-pocket costs such as expert report fees) and how these are handled
- Your 14-day right to cancel without penalty
Before signing, read the CFA carefully. Ask your solicitor to explain any clause you do not understand. A reputable firm will welcome questions and will not pressure you to sign before you are ready.
What You Pay If You Win — and If You Lose
If Your Claim Succeeds
- You receive your compensation award
- A legally capped success fee is deducted from your compensation — the exact amount is agreed with your solicitor before any work begins.
- The ATE insurance premium is typically deducted from your compensation
- The rest of your compensation, after the deductions in your letter of engagement, is paid to you.
If Your Claim Is Unsuccessful
- You pay nothing to your solicitor — their fees are written off under the CFA
- ATE insurance covers the defendant’s legal costs and disbursements
- You are not left with any legal bill provided you have complied with the CFA terms
- No success fee is payable — it only arises if you win
Our free guide covers the full claims process step-by-step — from what to do first and how to gather evidence, through to time limits, expert reports, and compensation.Read it online: Dental Negligence Claims Guide.
The Success Fee — What It Is and How It Is Capped
The success fee is the additional amount your solicitor charges on top of their basic costs when your claim succeeds. It is their reward for taking on the financial risk of acting for you without any guarantee of payment.
How the cap works
In dental negligence claims — which are treated as medical negligence claims — the success fee is capped by law on two specific heads of your compensation:
- General damages (for pain, suffering and loss of amenity)
- Past financial losses (special damages already incurred)
It does not apply to future financial losses. The cap is set by the Conditional Fee Agreements Order 2013 and cannot be overridden by any individual agreement between you and your solicitor.
After the Event (ATE) insurance
ATE insurance is a policy taken out after the dental negligence has occurred (hence “after the event”). It protects you against the financial risk of having to pay the defendant’s legal costs and disbursements if your claim is unsuccessful.
What ATE covers
- The defendant’s legal costs if your claim fails at court
- Expert report fees — independent dental and medical experts are expensive
- Court fees and barrister fees if proceedings are issued
- Other disbursements incurred during the claim
What ATE costs
If your claim succeeds, the ATE premium is typically deducted from your compensation at the end of the case. Where we arrange After the Event insurance, it covers the other side's costs and your disbursements if you lose, on the policy's terms. The premium amount varies depending on the complexity and value of your claim. Your solicitor will arrange ATE insurance on your behalf and explain the expected premium before the policy is taken out.
How Your Solicitor Gets Paid — The Full Picture
Understanding the full costs picture helps you see why No Win No Fee is genuinely in your interest. Here is how the money flows in a successful dental negligence claim:
- Success fee — you pay this from your compensation
- ATE premium — deducted from your compensation at conclusion
- Disbursements — expert fees, court fees and barrister fees are typically covered by ATE insurance or recovered from the defendant
Because our fee depends on winning, we are paid only if your claim succeeds.
Will My Dental Negligence Case Be Accepted on No Win No Fee?
Solicitors will only offer a CFA if they assess that your claim has a reasonable prospect of success — typically meaning prospects of 51% or higher. They take on financial risk by acting for you without any certainty of payment, so they will carry out an initial assessment before committing to a CFA.
What solicitors look for before offering a CFA
- Evidence that your dentist owed you a duty of care (universal for all dental patients)
- Signs that the treatment fell below the standard expected of a competent dental professional
- A clear causal link between the treatment and the harm you suffered
- That your claim falls within the three-year limitation period
- That the injuries are sufficiently serious to justify the cost of expert evidence
- That there is a realistic prospect of recovering compensation that exceeds the cost of pursuing the claim
Not sure if your case qualifies? Get a free, no-obligation assessment today.
The No Win No Fee Process — Step by Step
1. Free Initial Consultation
You speak with a specialist dental negligence solicitor — at no cost and with no obligation. They will ask about your treatment, your injury and your circumstances. This is your opportunity to ask questions and assess whether the firm is the right fit for your claim.
2. Initial Case Assessment
The solicitor will assess whether your claim has sufficient merit to proceed on a No Win No Fee basis. They may ask you to provide basic information about your treatment and injury. In some cases, they will need to review your dental records before confirming they can accept the case.
3. CFA and ATE Insurance Arranged
If the solicitor agrees to take on your case, they will send you the Conditional Fee Agreement to review and sign. They will also arrange After-the-Event insurance on your behalf. Both documents must be in place before formal work begins. You have 14 days to cancel without penalty.
4. Evidence Gathering
Your solicitor obtains your dental records, GP records and any other relevant documentation. They instruct an independent dental expert to review the records and provide a written report on breach of duty and causation. You may be asked to attend an expert examination. For more detail, see our guide to evidence for a dental negligence claim.
5. Letter of Claim
Once the expert evidence is supportive, your solicitor drafts and sends a formal Letter of Claim to the defendant. This triggers the Pre-Action Protocol for the Resolution of Clinical Disputes. The defendant has four months to investigate and respond.
6. Negotiation and Settlement
Most dental negligence claims are resolved through negotiation at this stage, without the need for court proceedings. Your solicitor will negotiate on your behalf to achieve the highest appropriate settlement. If the defendant denies liability, court proceedings may be issued as a last resort.
7. Compensation Paid
Once a settlement is agreed or judgment is obtained, your compensation is paid. The success fee and ATE premium are deducted from the relevant portion of your award, and the remaining balance is paid to you. Your solicitor will provide a clear breakdown of all deductions.
Questions to Ask Your Solicitor Before Signing a CFA
Before committing to a Conditional Fee Agreement with any firm, ask the following questions. A reputable firm will answer all of them clearly and in writing:
- What is your exact success fee percentage? Confirm this in writing
- What happens to my disbursements if I lose? Confirm these are covered by ATE insurance
- What is the estimated ATE premium and when is it payable?
- Are there any circumstances in which I might have to pay costs even if I lose?
- What is your assessment of my prospects of success?
- How long do you expect the claim to take?
- Who will be handling my case day to day?
- Are you regulated by the SRA? Always verify that the firm is authorised and regulated by the Solicitors Regulation Authority
Want to know what your claim could be worth?
Get a free, no-obligation assessment today.
Can I Cancel a No Win No Fee Agreement?
Yes. You can cancel within 14 days of signing, free of charge.
After the 14-day period, cancellation may result in liability for costs already incurred — such as disbursements paid to experts or court fees. The exact position depends on the terms of your specific CFA, which your solicitor must explain clearly before you sign. If you are considering cancelling, speak to your solicitor first — they may be able to address any concerns without the need to terminate the agreement.
Why Make Your No Win No Fee Claim with NJS Law?
At NJS Law, all dental negligence claims are accepted on a No Win No Fee basis. You will never be asked to pay anything upfront, and if your claim is unsuccessful, you pay nothing. Our specialist team will:
- Assess your case honestly and in full during a free initial consultation
- Explain the CFA terms clearly before asking you to sign anything
- Arrange ATE insurance on your behalf from the outset
- Handle all evidence gathering — dental records, expert reports and financial documentation
- Keep you informed at every stage of your claim
- We build your case with evidence to maximise your compensation.
- Only pursue court proceedings where necessary and where prospects justify it
We are authorised and regulated by the Solicitors Regulation Authority. Our dental negligence team has experience across all types of dental claims — from wrong tooth extractions and failed root canal treatment to nerve damage, missed oral cancer and complex cosmetic dentistry failures.
Frequently Asked Questions
What is a No Win No Fee dental negligence claim?
A No Win No Fee dental negligence claim is funded through a Conditional Fee Agreement (CFA). You pay no legal fees upfront and nothing at all if your claim is unsuccessful. If your claim succeeds, a legally capped success fee is deducted from your compensation — the exact amount is agreed with your solicitor before any work begins.
What is a Conditional Fee Agreement (CFA)?
A CFA is the formal written contract between you and your solicitor that underpins the No Win No Fee arrangement. It sets out the success fee percentage, what happens if you lose, and any disbursements. It is governed by the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 2013.
How much is the success fee in a No Win No Fee dental negligence claim?
The success fee is capped by law on your general damages and past financial losses under the Conditional Fee Agreements Order 2013. The exact amount is agreed with your solicitor before signing — nothing is deducted without your prior knowledge and written consent.
What is ATE insurance and do I need it?
Where we arrange After the Event insurance, it covers the other side's costs and your disbursements if you lose, on the policy's terms. Your solicitor arranges it on your behalf. If you win, the premium is deducted from your compensation.
What do I pay if I lose a No Win No Fee dental negligence claim?
Nothing — provided you have complied with the terms of your CFA. Your solicitor writes off their fees. ATE insurance covers the defendant’s costs and disbursements. The only exception is if you have breached the CFA terms, for example by failing to attend a medical examination.
How much of my compensation will I keep?
The rest of your compensation, after the deductions in your letter of engagement, is paid to you.
Can any dental negligence claim be taken on No Win No Fee?
Not every claim will be accepted. Solicitors will only offer a CFA if they assess your claim has reasonable prospects of success — usually 51% or higher. They will review your circumstances, dental records and the available evidence before committing to a CFA.
Can I cancel a No Win No Fee agreement?
Yes. You can cancel within 14 days of signing, free of charge. After this period, cancellation may result in liability for costs already incurred, depending on the CFA terms. Your solicitor must explain the cancellation terms clearly before you sign.
Start Your No Win No Fee Claim Today
Our team of specialist dental negligence solicitors offers a free, no-obligation case assessment.
Legal disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every dental negligence case turns on its individual facts. You should seek independent legal advice from a qualified solicitor before taking any action. This guide reflects the law in England and Wales as at April 2026. Different rules may apply in Scotland and Northern Ireland.
Thinking about a claim? Read about Dental Negligence Claims and how No Win No Fee works, or send us your enquiry.