No Win No Fee Pension Claims
Nadeem Pervazis a solicitor at Edward & Amaury Solicitors, a law firm authorised and regulated by the Solicitors Regulation Authority. Content is reviewed for legal accuracy and compliance with FCA guidance and SRA conduct standards.
TL;DR — Quick Summary
- ▸Edward & Amaury Solicitors can often handle suitable financial mis-selling and pension claims on a no win no fee basis.
- ▸No win no fee funding is not automatic: your case must first be assessed and accepted.
- ▸Any success fee, deduction, expenses and insurance arrangements will be explained in writing before you proceed.
- ▸An initial enquiry is free and does not create a solicitor-client relationship or commit you to a claim.
- ▸You may instead complain directly to the FOS or FSCS for free where those routes apply.
If you believe you received unsuitable pension advice, Edward & Amaury Solicitors can often consider running an eligible mis-sold pension claim on a no win no fee basis. Availability depends on an individual assessment of your case and the written funding terms offered to you.
Quick Answer
A no win no fee pension claim is a claim funded under a written agreement where the solicitor’s payment depends on a defined successful outcome. Edward & Amaury Solicitors states that it can often run financial mis-selling cases this way. It cannot be promised for every enquiry, and all charges and deductions must be explained before a client proceeds.
Can Pension Claims Be No Win No Fee?
Yes, some pension mis-selling claims may be accepted under a no win no fee funding arrangement. Edward & Amaury Solicitors’ published financial mis-selling information states that the firm can often run cases on a no win no fee basis. The word often is important: the arrangement depends on the facts and commercial viability of each case.
A solicitor may need to consider the quality of the original advice, the evidence available, the losses suffered, applicable time limits, the identity and status of the adviser firm, and the route through which compensation may be pursued.
What Does No Win No Fee Mean?
“No win no fee” is a commonly used description for a funding agreement under which legal fees depend on whether the case achieves the outcome defined in the agreement. It does not replace the written contract and should not be understood as a guarantee that there can never be any financial consequence in every possible circumstance.
Before accepting a no win no fee pension claim, the solicitor should explain:
- How the agreement defines a successful claim
- What legal fees become payable if the claim succeeds
- Whether a success fee or deduction will apply
- Whether VAT is payable on any fee
- How expenses paid to third parties, known as disbursements, are treated
- Whether legal expenses insurance is recommended
- What could happen if instructions are withdrawn or obligations are not followed
Free Initial Review
Tell the team what happened without obligation.
Individual Assessment
Funding depends on the merits and route available.
Terms Explained
You receive the proposed arrangement before deciding.
Which Mis-Sold Pension Claims May Qualify?
A no win no fee assessment may be available for different forms of unsuitable pension advice, including:
- Defined benefit pension transfer claims involving the loss of guaranteed retirement income
- Final salary pension claims where transfer advice may have been unsuitable
- Mis-sold SIPP claims involving unsuitable pension transfers or investments
- High-risk pension investment claims involving speculative or unregulated assets
- Bad pension advice claims where risks, charges or alternatives were not explained properly
Inclusion in this list does not mean a claim will necessarily be accepted. Eligibility always depends on the evidence and circumstances.
How Is Eligibility Assessed?
The initial assessment normally considers what advice was given, whether the adviser was regulated, what pension benefits or investments were involved, when the advice was provided and whether a measurable loss may have resulted. The solicitor will also identify whether the adviser firm still trades and whether the Financial Ombudsman Service, Financial Services Compensation Scheme or another legal route may apply.
Helpful documents include suitability reports, transfer value statements, pension statements, risk questionnaires, SIPP paperwork, investment documents and correspondence with the adviser. You can still make an enquiry if some documents are missing.
No Win No Fee Versus Making a Direct Complaint
You do not have to instruct a solicitor to complain about pension advice. Consumers can complain directly to an authorised adviser firm and, where applicable, refer the matter to the FOS without paying the FOS. If an eligible adviser firm has failed, an application can be made directly to the FSCS without paying the FSCS.
Solicitor-led representation may be useful where the advice, loss calculation, limitation position or available defendants are complex. The potential benefit should be considered alongside the legal fees or deductions that would apply if the claim succeeds. See our solicitor versus direct claim comparison.
How to Start a No Win No Fee Pension Claim
- Make a free initial enquiry and provide a short account of the pension advice.
- Share any documents you have, although missing paperwork need not prevent an enquiry.
- The solicitor assesses suitability, losses, time limits and the available claim route.
- If the case can be accepted, the proposed no win no fee agreement and potential deductions are explained.
- You decide whether to proceed after receiving the written terms.
Frequently Asked Questions
Funding information is general guidance only. No win no fee availability is subject to case assessment and written agreement. Source: Edward & Amaury Solicitors — Financial Mis-selling.