How much does it cost to join a data breach group action claim?

conditional fee

When you appoint Hayes Connor as your solicitors, you enter into a Conditional Fee Agreement (CFA) with us. This is also known as a no-win, no-fee arrangement. But, for many people thinking about joining a group action claim, concerns about hidden fees and expenses can put them off. Not least because, a CFA has to use specific words and phrasing. And this “legalspeak” can be confusing.

So, what does “no-win, no-fee” really mean? And just how much does it cost to join a data breach group action claim?

What is a Conditional Fee Agreement (CFA)?

A CFA is a written agreement between you and your solicitor. It is designed to give you peace of mind and states that you won’t have to pay a penny if your claim is unsuccessful. It also sets out what you will pay if you win.

The CFA should list all the standard services that are likely to be needed in your case, and which are designed to help you get the compensation you deserve. The amount and type of services needed will depend on your particular case.

The CFA should also set out what isn’t covered under the terms of the agreement. In other words, where you might be liable for fees. In most cases, this includes things like the cost of any counterclaims or some appeals. Counterclaims are extremely rare in data breach cases. But we will advise you as to the likelihood of a counterclaim before we start your case. Appeals by your opponent against the final decision are covered in our CFAs.

Your obligations under a CFA

To make sure you don’t become liable for unnecessary costs, you must follow the T&Cs set out by your solicitor. For example:

  • You must not mislead your solicitor
  • You must not fail to co-operate
  • Should you wish to terminate your claim, you will be responsible for all costs and disbursements incurred by your solicitor
  • You must act in accordance with the agreement and the advice given by your solicitor.

What will you pay if you win?

If your claim is successful, your solicitor will probably charge a success fee. This fee covers the costs they have incurred in representing you in your group action case.

We often attempt to recover the cost of the success fee from the other side. But, where we cannot, you will be liable for this cost. At Hayes Connor, we cap this fee at 25% of any compensation you receive. This gives you the peace of mind that you will always receive 75% of any compensation awarded.

The amount you will pay if you win should be clearly set out in your CFA.


Your solicitors will probably run up some expenses (often called disbursements) on your behalf while working on your case. However, when you join a Hayes Connor group action, as long as you abide by the terms of our agreements and follow our T&Cs, you won’t have to pay these disbursements and expenses, win or lose.

What will you pay if you lose?

Absolutely nothing! Let us explain why…

If your claim is not successful, you will be responsible for the Defendant’s costs. This would be a share of the costs they incurred in defending the group action claim. However, at Hayes Connor, we take out After the Event (ATE) insurance on your behalf. This protects you from having to pay the other side’s costs and expenses if you lose your case.

So, if you lose your claim, you won’t have to pay a penny*.

Removing the jargon from data privacy claims and the conditional fee agreement

At Hayes Connor Solicitors, we make sure our clients have as much information as possible before making a claim. This makes sure that they are fully informed at all times. Using plain English to explain what everything means, you can use our jargon-free guides to make sure you understand exactly what is involved when claiming compensation for a data breach or cybercrime.

* Provided that you have complied with our Terms and Conditions.