No win no fee contract enforced against plaintiff...

A homeowner who signed up to a no win no fee arrangement to enable her to sue an insurer has been ordered to pay the agreed percentage of her settlement to the company handling her case.

The homeowner suffered damage to her home, but could not agree on what the insurer should pay for the damage.  She signed up to the no win no fee arrangement as she could not afford to pay a lawyer to sue on her behalf.

She agreed to a settlement negotiated and that agreement was communicated to the insurer.  She then changed her mind and tried to withdraw her agreement, but was told it was too late. 

She dropped the company and changed to another representative.  A year later she agreed to a settlement basically the same as she had agreed to before.   She refused to pay her first representative the agreed percentage of her settlement. 

They sued and the High Court ordered her to pay.  She appealed to the Court of Appeal which has found against her.  She agreed to the fee and is liable for it.  The decision means she is liable to pay the agreed percentage to her first representative and to pay her second representative.  It remains to be seen if she will end up with anything after paying them both, but it is unlikely to be enough to carry out the necessary repairs to her damaged home.

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