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Explaining No Win No Fee for Data Breach Claims

Legal Director Christine Sabino explains Hayes Connor’s approach to no win no fee claims and how our solicitors will be able to support you if your data has been breached.

At Hayes Connor, our data breach solicitors work on a no win no fee basis to help our clients get the compensation they deserve while removing any financial risk.

But what does this actually mean and are there really no costs if you appoint us to pursue data breach compensation on a no win no fee basis?

Is this article, we cover the following common questions people often have about no win no fee data breach funding:

While we hope you will find this article helpful, we are also very happy to answer any questions you have directly. To speak to a member of our team about a potential data breach claim and how the process works, you can fill in our secure online claim form or give us a call on 0330 041 5135.

Can you claim data protection compensation on a no win no fee basis?

Yes, at Hayes Connor we fund all of our data breach claims on a no win, no fee basis. We believe that for a data breach, no win no fee is the best way to make sure that everyone who needs our help can access it.

So, if you believe you might have a claim for a data breach under GDPR, no win no fee is likely to be an option to fund your claim.

What does no win no fee mean for a data breach claim?

A no win no fee agreement is an arrangement between you and your solicitor to fund your data breach claim. Also known as a Conditional Fee Agreement, a no win no fee deal means that you only have to pay your solicitors’ legal fees if they are successful in claiming compensation for you. If your legal team does not win your claim, then you do not have to pay them their fee, hence ‘no win no fee’.

So, with a no win no fee data breach claim, if your claim is not successful, you won’t have to pay any money for the work carried out. This removes any financial risk for you as well as meaning you do not have to worry about finding the money to pay your solicitors, so your financial position should be no barrier to your ability to make a claim.

What are your obligations under a no win no fee data breach agreement?

As a claimant, you do have obligations under a no win no fee agreement. These are:

  • 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.

How does no win no fee work for data breaches?

From the very first time you speak to us, you’ll find us helpful, friendly, and experienced. While each case is different, we can usually tell you straight away if you have a claim or not.

If we feel you do have grounds for a claim, then we will talk through exactly how no win no fee funding works. You would then sign an agreement with us to make your claim for a data breach on a no win, no fee basis.

Once you have confirmed that you want to proceed on a no win no fee basis, we’ll remove the hassle and take care of all the complex legal work for you. This includes gathering all of the necessary evidence to support your claim, contacting the defendant to inform them of your claim and attempting to negotiate a settlement. If a settlement cannot be agreed, we will initiate court proceedings to seek fair compensation.

At all times, our no win no fee GDPR solicitors will keep you up to date with the progress of your case and be available to answer any questions you may have.

One thing to be aware of is that, in most cases, the loser has to pay the winner’s costs and disbursements (other legal expenses such as court fees) once formal court proceedings have been issued. To protect you from these costs, it may be necessary to obtain insurance against this risk. This is called ‘After the Event’ insurance (ATE) and we will be happy to discuss it in more detail with you.

What if your no win no fee claim is successful?

If your no win no fee claim is successful (and that’s what we all want!), you usually have to make a contribution to your solicitors’ costs. In some cases, some or all of your solicitors’ fees may be covered by the defendant, meaning you might have less or even nothing to pay.

What percentage do solicitors take for no win no fee?

The ‘success fee’ is taken from the compensation awarded to you. The amount of the success fee depends on when your case is settled, but with Hayes Connor, when our data breach solicitors act on a no win no fee basis for you, then you never have to pay more than 25% of your compensation.

We always make sure you are fully informed about any potential costs before we proceed.

To find out more, read our step-by-step guide to making a no win no fee data breach claim.

What happens if you lose a no win no fee claim?

If your claim is unsuccessful and it was funded on a no win no fee basis, then you would not owe us anything.

As stated above, you do need to be aware that the loser may potentially need to cover some or all of the winner’s legal costs. This is why it is normally recommended to take out ‘After the Event’ insurance (ATE) to protect against this risk.

How much compensation can you get for breach of data protection?

The exact amount of compensation you may be able to receive for a data protection breach will depend entirely on the circumstances. Generally, you can claim for any specific financial losses you have experienced and you may also be able to claim for non-financial losses, e.g. emotional distress.

Our no win no fee solicitors for data breaches will be happy to discuss your claim and how much you might be able to secure in compensation during your initial consultation.

Start your no win no fee data breach claim today!

At Hayes Connor, our no win no fee data breach solicitors can help you to claim compensation and steer you through the aftermath of all types of data breaches and related cybercrimes – minimising the impact on you as much as possible.

With strict time limits in place for these types of compensation claims, it’s important to act now to make sure you don’t miss out on your right to claim.

Start your claim

You can find out more about our expertise and how we handle claims here. To have your claim assessed for free, you can use our secure online claim form. Or to speak to a member of our team, please do not hesitate to give us a call on 0330 041 5137.