No Win No Fee Explained in Ireland

This page provides general information about the expression ‘no win no fee’ and legal costs in Ireland. It is not an offer by Lalloo Solicitors to provide legal services under any particular costs arrangement. The costs terms applying to an individual matter must be considered separately and confirmed in writing.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The expression “no win no fee” is commonly used to describe a conditional arrangement concerning a solicitor’s professional fees. It is not a complete description of the legal costs that can arise in a matter, and it does not state who will pay VAT, outlays, expert fees or another party’s costs. The precise effect depends on the individual written terms.

1. What does “no win no fee” mean?

The expression is commonly used to describe an arrangement under which the treatment of a solicitor’s professional fees depends in some way on the outcome of a matter. It is only a shorthand expression. It does not, by itself, explain the client’s responsibility for VAT, outlays, expert fees, barristers’ fees or another party’s legal costs.

The precise effect of any costs arrangement depends on its complete written terms. It should never be assumed that a particular arrangement applies to an individual matter.

2. Are ‘no win no fee’ arrangements lawful in Ireland?

Yes, such an arrangement can be lawful in Ireland. Section 151 of the Legal Services Regulation Act 2015 permits a legal practitioner and client to make a written agreement concerning the amount and manner of payment of all or part of the legal costs that may be payable by the client.

Any such agreement must comply with section 149, section 150 and all other applicable legal and professional requirements. In particular, legal costs in contentious business cannot be calculated as a specified percentage or proportion of an award or settlement.

The fact that an arrangement can be lawful does not permit a solicitor to advertise personal-injury services using ‘no win no fee’ or similar cost-free wording. This page does not state that Lalloo Solicitors offers any particular arrangement.

3. Why is the phrase restricted in personal-injury advertising?

The Legal Services Regulation Act 2015 (Advertising) Regulations 2020 restrict personal-injury advertising that uses “no win no fee”, “no foal no fee”, “free first consultation” or similar wording capable of suggesting that legal services will be provided at no cost.

Current Law Society guidance also distinguishes advertising from communications whose primary purpose is to provide information on the law. Whether a communication falls within that distinction depends on its complete content, purpose and presentation.

This page is intended solely to provide general information about the expression and the applicable legal-costs rules. It is not an offer by Lalloo Solicitors to provide services under any particular costs arrangement.

4. Does it mean that pursuing a claim involves no financial risk?

No such assumption should be made. Professional fees are only one possible part of the total legal costs associated with a matter.

Depending on the written terms and the circumstances, a person may remain responsible for VAT, medical-report fees, engineers’ fees, barristers’ fees, expert-witness expenses, court fees or other outlays. There may also be circumstances in which another party’s legal costs become payable.

The applicable risks must be explained for the individual matter.

5. Solicitors’ professional fees

Professional fees are the charges for the legal work carried out by the solicitor or firm. The basis on which those fees are calculated should be explained in the written costs information supplied for the individual instruction.

The written information should be read carefully and any uncertainty should be raised with the solicitor before work proceeds.

6. VAT and outlays

VAT may apply to professional fees at the applicable rate.

Outlays are amounts paid or payable to third parties in connection with the matter. Depending on the case, they may include application fees, medical-report charges, engineers’ fees, barristers’ fees, expert-witness expenses, court fees and other necessary expenditure.

An arrangement concerning professional fees does not automatically remove responsibility for VAT or outlays.

7. Medical reports, engineers, barristers and expert witnesses

Medical, engineering and other expert evidence may be required to assess injury, causation, liability, loss or future needs. A barrister may also be instructed where appropriate.

The need for these services, the anticipated charges and responsibility for paying them should be addressed in the written costs information and updated when material circumstances change.

8. Costs that may be recovered from another party

Damages or compensation and legal costs are separate matters. An award or settlement compensates the claimant for recognised loss and injury. It should not be described as the source from which a percentage-based solicitor’s fee may automatically be deducted.

Where costs are recoverable from another party, the amount recovered may not cover every amount payable under the client’s written agreement. The written costs information should explain any possible shortfall.

An Injuries Resolution Board assessment does not ordinarily provide for the claimant’s solicitor’s professional fees. The Board’s current guidance states that the application fee and the reasonable cost of the treating doctor completing the required medical form will be considered as part of the assessment. Section 44 of the Personal Injuries Assessment Board Act 2003 also permits the Board, in its discretion, to include specified fees or expenses that were reasonably and necessarily incurred in complying with the statutory process. Recovery of any solicitor’s professional fees or other costs should not be assumed.

9. Circumstances in which another party’s costs may become payable

Depending on the procedure, the result and any applicable court order, a person may become responsible for some or all of another party’s legal costs.

The individual written costs information should explain the circumstances in which that risk may arise. No general webpage can determine the costs consequences of a particular matter.

10. Written costs information under section 150

On receiving instructions from a client, section 150 of the Legal Services Regulation Act 2015 generally requires a legal practitioner to provide a notice written in clear language disclosing the legal costs that will be incurred.

If it is not reasonably practicable to disclose the legal costs at that time, the notice must set out the basis on which they are to be calculated. Once it becomes reasonably practicable to disclose the costs, a further notice containing that information must be provided.

The written information should address the applicable professional fees, VAT, anticipated outlays and relevant circumstances in which another party’s costs may arise. Material increases in expected costs must also be addressed in accordance with the section.

11. Agreements concerning legal costs

The individual written costs information and any written agreement should be considered together. They should explain:

The basis for calculating professional fees.
The treatment of VAT.
Known or anticipated outlays.
Responsibility for expert or barrister fees.
The possible treatment of costs recovered from another party.
The circumstances in which another party’s costs may become payable.
What happens if the instruction ends before the matter concludes.
How material changes in estimated costs will be communicated.

A client should ask for clarification of any term that is unclear.

12. The prohibition on percentage charging under section 149

Section 149 of the Legal Services Regulation Act 2015 prohibits a legal practitioner from charging legal costs in contentious business as a specified percentage or proportion of damages or other money that may become payable to the client.

The solicitor’s professional fees must therefore be explained by reference to a lawful basis other than a specified percentage or proportion of an award or settlement.

13. Questions to ask before instructing a solicitor

Before instructing a solicitor, a person may wish to ask:

Who will have responsibility for the matter?
When will the section 150 written costs notice be provided?
Will the notice disclose the legal costs, or explain the basis of calculation if disclosure is not yet reasonably practicable?
How will professional fees be calculated?
Does VAT apply?
Which outlays are expected?
Could medical, engineering, barrister or expert-witness fees arise?
When may another party’s costs become payable?
How and when will material increases in expected costs be addressed?
What happens to costs if the instruction ends early?
How and when will a bill of costs be provided?
What steps are available if there is a question or dispute about the bill?

Frequently asked questions

What does “no win no fee” mean?

It is commonly used as shorthand for a conditional arrangement concerning a solicitor’s professional fees. It does not fully explain responsibility for VAT, outlays, expert fees or another party’s costs. The effect depends on the individual written terms.

Does “no win no fee” mean I pay nothing?

That should not be assumed. The expression does not, by itself, determine responsibility for VAT, outlays, expert fees or another party’s costs. The applicable terms and risks must be explained in writing for the individual matter.

What is a section 150 costs notice?

On receiving instructions, section 150 generally requires a legal practitioner to give the client a notice written in clear language disclosing the legal costs that will be incurred. If disclosure is not reasonably practicable at that time, the notice must explain the basis on which the costs will be calculated. A further notice must be provided once disclosure becomes reasonably practicable. Material increases in expected costs must also be addressed in accordance with the section.

Are outlays separate from a solicitor’s professional fees?

Yes. Outlays are payments or expenses involving third parties, such as application fees, medical reports, engineers, barristers, expert witnesses or court fees. Responsibility for them should be explained in the individual written costs information.

Does an Injuries Resolution Board assessment cover solicitor fees?

Not ordinarily. The Board’s current guidance says the application fee and the reasonable cost of the treating doctor completing the required medical form will be considered as part of the assessment. Section 44 also permits the Board, in its discretion, to include specified fees or expenses reasonably and necessarily incurred in complying with the statutory process. Recovery of a solicitor’s professional fees or other costs should not be assumed.

Can a solicitor advertise “no win no fee” personal-injury services?

The Advertising Regulations 2020 and current Law Society guidance prohibit the phrase in personal-injury advertising and prohibit similar wording suggesting that legal services will be provided at no cost. The expression may be discussed where the communication is genuinely informational and satisfies the applicable rules; it should not be treated as an offer of a costs arrangement.

14. General-information disclaimer and official sources

This page contains general information only. It does not provide legal advice on an individual matter, predict the outcome of a claim or offer any particular costs arrangement. Costs, outlays and potential liabilities must be considered separately and confirmed in the written information applying to the individual instruction.

Official sources:

Reviewed by Dalippe Lalloo, Solicitor

Last reviewed: 23 July 2026

YOUR LEGAL RIGHTS ARE OUR BUSINESS