Direct Answer
A No Win No Fee dental negligence claim is funded through a Conditional Fee Agreement (CFA). You pay nothing upfront and nothing at all if you lose. If you win, a legally capped success fee on your general damages and past losses is deducted from your compensation. After-the-Event (ATE) insurance protects you against the defendant’s costs if the claim fails. This arrangement means you can pursue a legitimate dental negligence claim without any financial risk.
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.
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 your claim succeeds, a pre-agreed percentage of your compensation — known as the success fee — is deducted to cover your solicitor’s costs.
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.
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:
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.
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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.
In dental negligence claims — which are treated as clinical negligence claims — the success fee is capped by law on two specific heads of your compensation:
It does not apply to future financial losses — meaning future treatment costs and future loss of earnings are paid to you in full and are not subject to the success fee deduction at all. The cap is set by the Conditional Fee Agreements Order 2013 and cannot be overridden by any individual agreement between you and your solicitor — no matter what a CFA says, the law limits what can be deducted.
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.
If your claim succeeds, the ATE premium is typically deducted from your compensation at the end of the case. If your claim fails, the ATE insurer pays and you pay nothing. 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.
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:
The alignment of interests: Because your solicitor’s success fee is a percentage of your compensation, they have a direct financial incentive to maximise your award. The higher your compensation, the higher their fee. This alignment of interests means your solicitor is always working toward the best possible outcome for you — not simply toward any settlement.
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 guaranteed payment, so they will carry out an initial assessment before committing to a CFA.
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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.
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.
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.
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.
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.
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.
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.
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:
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Yes. Under consumer protection law you have a 14-day cooling-off period from the date you sign the CFA during which you can cancel without incurring any fees or costs. This right applies regardless of the terms of the individual agreement.
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.
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:
We are authorised and regulated by the Solicitors Regulation Authority. Our dental negligence team has extensive 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.
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.
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.
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. To partially offset the success fee deduction, general damages awards in CFA-funded claims were increased across the board — a reform known as the Jackson uplift — introduced at the same time the current rules came into force.
After-the-Event (ATE) insurance protects you against having to pay the defendant’s legal costs and disbursements if your claim is unsuccessful. Your solicitor arranges it on your behalf. If you win, the premium is deducted from your compensation. If you lose, the insurer pays and you pay nothing.
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.
You will typically receive the protected majority of your general damages and past losses after the success fee deduction. Special damages — covering financial losses such as treatment costs, lost earnings and travel — are not subject to the success fee and are paid to you in full.
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.
Yes. You have a 14-day cooling-off period during which you can cancel without any fees. 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.
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Our team of specialist dental negligence solicitors offers a free, no-obligation case assessment. We will advise you honestly on whether you have a claim and handle everything on your behalf — with no upfront cost and no financial risk.
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.
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