What Is a Success Fee in a Personal Injury Case in Ireland? The Truth Under Section 149 LSRA 2015

Summary: In Ireland, a "success fee" is not a percentage of your compensation. It cannot be. Under Section 149 of the Legal Services Regulation Act 2015, a solicitor is prohibited from calculating legal costs as a specified percentage or proportion of damages in contentious business. The UK 25% cap you may have read about does not apply here. What people call a "success fee" in Ireland is the shortfall between the total legal costs and what is recovered from the losing side, paid from your award only after a win.

What is a success fee in a personal injury case in Ireland?

A "success fee" in Ireland is a colloquial phrase, not a legal term of art. It usually refers to the portion of your legal costs that your solicitor deducts from your compensation after a successful claim. It is not a percentage bonus of the award, and an Irish solicitor cannot lawfully calculate it that way. The correct statutory position is set out in Section 149 of the Legal Services Regulation Act 2015.¹

The confusion is understandable. Most search results on Google.ie for "success fee" are written for the UK or US market, where percentage-based fees are legal. In England and Wales, success fees under a Conditional Fee Agreement are capped at 25% of damages by the Conditional Fee Agreements Order 2013. In the United States, contingency fees of 25% to 40% are the norm. Neither system operates in the Republic of Ireland. Irish personal injury fees are calculated from the work done on your file and disclosed in writing under Section 150 of the same Act.²

Where the term "success fee" came from

The phrase originated in the English solicitor's profession during the nineteenth century to describe an agreed bonus payable on a successful outcome. When Parliament legalised Conditional Fee Agreements in England and Wales in the 1990s, "success fee" was adopted as the statutory term for the uplift on base costs. Irish law never imported the statutory framework. The colloquial phrase crossed the Irish Sea through cross-border media and solicitor advertising, but the regulatory structure that makes it lawful in England did not. The result is a word without a legal home in Irish personal injury law, which is why there is no Irish statutory definition to point to.

What a success fee in Ireland is NOT

Negation clarifies the term as much as affirmation. In Ireland, a "success fee" is not any of the following.

• Not a percentage of your damages. Percentage-of-damages calculation is prohibited in contentious business under s.149 LSRA 2015.
• Not a statutory term. The phrase has no definition in any Irish Act of the Oireachtas.
• Not an advertised rate you can compare across firms. The LSRA Advertising Regulations 2020 prohibit publication of fee percentages in personal injury.
• Not a Conditional Fee Agreement. The UK CFA regime (LASPO 2012, DBA Regs 2013) does not operate in Ireland.
• Not a contingency fee. The US contingency model is a percentage-of-recovery arrangement, also prohibited here.
• Not an "uplift" on hourly rates. The UK concept of a base-cost uplift multiplier has no Irish statutory footing.
• Not a mandatory deduction. No amount may be deducted from your damages without your prior written agreement under s.149(2).
• Not negotiable as a percentage. There is no percentage to negotiate because percentage calculation is unlawful.

Why percentage-based fees are illegal in Ireland

Percentage-based fees in contentious business, which includes every personal injury claim, are banned by statute. Section 149(1)(a) of the Legal Services Regulation Act 2015 is direct about this, and there is no discretion to work around it. As of April 2026, this prohibition remains in full force and has not been amended or repealed.

Section 149(2) adds a second protection. A solicitor cannot deduct any amount from your damages for legal costs without your prior written agreement. The combination is important: no percentage calculation, no deduction without written consent. Section 149(1)(b) closes a further loophole. It prohibits structuring junior counsel's fee as a specified percentage or proportion of senior counsel's fee, preventing indirect percentage-based pricing from reaching clients through barrister retainers.¹

The provisions were commenced on 7 October 2019 by S.I. No. 502/2019. The Act had been passed in 2015, but these cost provisions sat dormant for almost four years before Ministerial commencement brought them into force. They have been binding on every Irish solicitor since that date.³

If any solicitor tells you at the outset that their fee will be "25% of your compensation" or quotes a flat percentage of the expected award, that calculation method is unlawful. It is also a breach of the LSRA Advertising Regulations 2020. Those Regulations prohibit advertising "no win no fee" services in personal injury and the publication of percentage-based fee claims.⁴

What "contentious business" means and why personal injury always falls inside it

Section 149 applies only to contentious business. Contentious business means, broadly, legal work relating to a dispute that is proceeding or is being prepared for a court, tribunal, or statutory adjudicator. Every personal injury claim is contentious business from the moment an application is made to the Injuries Resolution Board, because the IRB is a statutory adjudicator whose decisions have legal effect. Non-contentious business covers matters such as conveyancing, probate, and commercial contract drafting, where percentage-based fees remain lawful with proper disclosure. Readers who see "success fee" mentioned on commercial law pages should not map that to personal injury, because the scope is different.

How the rule evolved: from 1954 to LSRA 2015

The regulatory progression explains the rule. Under the Solicitors Act 1954, fee disclosure was minimal. The Solicitors (Amendment) Act 1994, Section 68, introduced a duty to provide particulars of charges or an estimate at the outset, but had weak updating mechanisms and no explicit percentage prohibition. Part 10 of the Legal Services Regulation Act 2015 (Sections 149 to 161) replaced Section 68 with the modern framework. The framework has five components: the percentage ban in s.149, the written Section 150 Notice, the ongoing duty to revise estimates, the standardised Bill of Costs, and the Office of the Legal Costs Adjudicator. The move was deliberate. The Oireachtas intended to align Irish costs regulation with consumer protection standards and to close the gap that allowed profit-sharing-by-stealth through opaque billing.

Underlying Section 149 is an older principle. The ancient common-law doctrines of champerty, maintenance, and barratry prohibited a third party (including a lawyer) from funding litigation in return for a share of the proceeds, and from stirring up groundless suits. Unlike in England and Wales (where they were abolished as criminal offences by the Criminal Law Act 1967), these doctrines remain in force in the Republic of Ireland as both criminal offences and civil wrongs, preserved through the Maintenance and Embracery Act 1634, which was retained as part of Irish law by the Statute Law Revision Act 2007. The Supreme Court confirmed their continued application in Persona Digital Telephony Ltd v Minister for Public Enterprise [2017] IESC 27 (a 4-1 majority, McKechnie J dissenting), refusing to enforce a third-party litigation funding agreement as champertous. Section 149 is the modern statutory expression of the same public-policy concern. The percentage ban is not arbitrary regulation. It is the latest codification of a principle Irish law has held for centuries.

Ireland vs UK vs US: the three systems compared

The fastest way to understand why "success fee" means different things in different places is to look at the three jurisdictions side by side. This comparison matters because Google.ie regularly returns UK and US content for Irish searchers, and that content does not reflect Irish law.

Why this matters for you: if you arrived at this page after reading that your solicitor can take 25% of your compensation, that was UK information applied to an Irish question. The Irish rule is structurally different and, in practice, usually less predictable than a fixed percentage. That unpredictability is exactly what the Section 150 Notice requirement is designed to address.

How Irish personal injury legal fees are actually calculated

Irish legal fees are calculated from the work done on your file, not from the size of your compensation. The factors a solicitor must consider are set out in Schedule 1 of the Legal Services Regulation Act 2015. The statute lists six factors: complexity and urgency, skill and specialised knowledge required, hours reasonably spent, value of the claim, importance of the documents prepared, and the circumstances of the work.⁵

Although the calculation method is not a percentage, the outcome of that calculation often works out to a proportion of the award on concluded cases. The distinction sounds technical but it is practically important. Because fees are anchored to work done, a straightforward IRB-settled claim carries a lower fee than a fully litigated High Court case with the same injury. A percentage-of-award system would not reward early settlement. The Irish system does.

The fee your solicitor proposes must be disclosed in advance. The solicitor is under a statutory duty to issue a revised Section 150 Notice if circumstances change, as soon as practicable. Common triggers include a new medical complication, an extended timeline, or proceedings issuing where settlement looked likely. Silence on cost changes is not an option for an Irish solicitor.

Party and Party costs vs Solicitor and Client costs: where the term "success fee" really lives

The phrase "success fee" persists in Ireland because there is a real gap that needs a name. Irish litigation operates on the principle that "costs follow the event", when you win, the losing side usually pays your legal costs. But the costs recovered from the loser are called Party and Party costs. These almost never cover the full bill your solicitor is entitled to charge you, which is known as Solicitor and Client costs.⁶

The shortfall has two causes. First, defendants and their insurers negotiate hard on Party and Party costs, and the Legal Costs Adjudicator tends to allow only what is strictly necessary to run the case. Second, certain work (preparatory work, client correspondence, strategy meetings) is not fully compensable from the losing side even when fully justified. The difference comes off your award. This is the financial reality behind the phrase. It is not a bonus to your solicitor. It is the commercial reality of how Irish costs recovery works.

Why counsel (barrister) fees matter to the shortfall

The Irish legal profession is split. Most personal injury cases involve two legal professionals, not one. Your solicitor runs the file. Counsel (a barrister, junior or senior depending on case complexity) drafts pleadings and advocates in court. Counsel's fees are a separate line item, not part of the solicitor's professional fee. On a typical litigated claim, counsel's fees can be a substantial share of the total legal bill. Party and Party recovery covers counsel fees only at rates the Legal Costs Adjudicator considers reasonable, which are often lower than the rates counsel actually charged. That shortfall on counsel fees is part of the same shortfall the client absorbs under "success fee" terminology. When you ask a solicitor what your "success fee" might work out at, you are really asking about two shortfall gaps, not one.

The subtle point most people miss: when an Irish solicitor's bill works out at 10% or 20% of your award, that is a descriptive outcome of the work-based calculation. It is not a prescriptive percentage the solicitor chose in advance. The distinction matters if anyone ever tells you the opposite.

The Section 150 Notice: your written protection before work begins

The Section 150 Notice is the single most important document in your fee relationship with an Irish solicitor. It must be provided in plain English before any legal work begins. The Notice must set out either the legal costs that will be incurred, or the basis on which those costs will be calculated.² For personal injury litigation, the notice must also outline the work to be done at each stage of the case and the cost or likely cost at each stage.

Three protections flow from this notice. First, a cooling-off period of up to ten working days during which the solicitor must not begin chargeable work unless you explicitly confirm you want to proceed. Second, an ongoing duty to issue a fresh notice whenever costs are likely to be significantly higher than originally disclosed. Third, a statutory consequence under Section 157(6): if a charge was omitted from the original Section 150 Notice, the Legal Costs Adjudicator generally cannot confirm that charge later.⁷

The Notice is designed for your benefit, not the solicitor's. A vague or incomplete Notice weakens your solicitor's ability to recover charges at the end of the case. If you are handed a Section 150 Notice that you do not fully understand, ask for it to be explained or revised. That is your right, not an imposition.

What a compliant "fee on success" clause in a Section 150 Notice looks like

Reading real language removes ambiguity. Below is an illustrative example of how an Irish solicitor can lawfully describe a "fee on success" arrangement in a Section 150 Notice. The language anchors the fee to work done, not to a percentage of damages, and spells out the conditional nature of payment.

Sample clause (illustrative only, not for reuse without legal advice):
"Our professional fees for this matter will be calculated by reference to the factors set out in Schedule 1 of the Legal Services Regulation Act 2015, including the complexity and urgency of the matter, the skill and specialised knowledge required, the hours reasonably spent, the value of the claim, the importance of documents prepared, and the circumstances of the work. Based on our current assessment, we estimate total professional fees in the range of [€X] to [€Y], plus VAT at the prevailing rate and outlays. Our fees will only be payable in the event of a successful resolution of your claim by settlement, Injuries Resolution Board assessment acceptance, or court order in your favour. In the event the claim is unsuccessful, we will not seek payment of our professional fees from you, although outlays incurred on your behalf and any adverse costs order made against you may remain payable. This estimate will be revised in writing if circumstances materially change."

The clause above expresses the arrangement without stating any percentage of damages. It references Schedule 1 factors, gives an estimate range, separates VAT and outlays, and makes the conditional nature explicit. A Section 150 Notice that matches this structure is compliant with Section 149 and Section 150 LSRA 2015.

Why IRB-resolved claims change the maths

Key Irish personal injury statistics at a glance (authoritative data, 2020 to 2024)

Metric	Figure	Source
IRB median award 2024	€13,000 (down 29% from €18,422 in 2020)	IRB Annual Report 2024
IRB average award 2024	€18,967 (down 21% from €23,877 in 2020)	IRB Annual Report 2024
IRB awards made in 2024	8,392 awards, total ~€160 million	IRB Annual Report 2024
Highest IRB award 2024	€592,225 (severe workplace injury)	IRB Annual Report 2024
Average IRB legal fees (claims under €150k)	€597	IRB Annual Report 2024
Average litigated legal fees (motor claims under €100k, H1 2024)	€7,128 (up from €5,512 pre-Covid average)	NCID Mid-Year 2024 Settled Claims
Section 149 LSRA 2015 commencement	7 October 2019 by S.I. No. 502 of 2019	Irish Statute Book
LSRA complaint refund limit (post-7 Oct 2019 regime)	Up to €5,000 via mediation	Legal Services Regulatory Authority

The Injuries Resolution Board (IRB, formerly PIAB) does not award Party and Party legal costs in the way courts do. When a claim is accepted at IRB assessment, there is no recovery of your solicitor's professional fees from the respondent side. The entire Solicitor and Client bill, the whole cost of representation, is payable from your assessment or not at all.⁸

This reality is amplified by the 2021 Personal Injuries Guidelines, which reduced compensation levels for many minor and moderate injuries. According to the IRB's Annual Report 2024, the median award value has dropped to €13,000, down 29% from €18,422 in 2020. The average has fallen to €18,967, down 21% from €23,877 in 2020.⁹ Because the fixed cost of running a claim has not reduced proportionately, legal fees now represent a larger share of the typical IRB award than they did five years ago. This is the quiet reason so many claimants are anxious about the term "success fee", the gap between expectation and net compensation has widened.

Practical consequence: on an IRB-resolved claim, your net compensation after fees and outlays is typically lower than on a court-resolved claim of equivalent value. The reason is that you pay the whole bill from your award rather than recovering most of it from the defendant. Rejecting an IRB assessment to proceed to court carries its own risks, including the Section 51A Personal Injuries Assessment Board Act 2003 costs penalty if the court ultimately awards less than the rejected assessment. Discuss the trade-off explicitly with your solicitor before rejecting an assessment.

Walking through a realistic 2024 figure (with real data)

Concrete numbers help. The Central Bank's National Claims Information Database (Mid-Year 2024 Settled Claims Data Release) reports that for motor injury claims under €100,000 settled in the first half of 2024, the average legal cost figure was €7,128, up from a 2015 to 2019 pre-Covid average of €5,512.¹⁰ The Injuries Resolution Board's 2024 Annual Report shows a median assessment of €13,000 and an average of €18,967, with average legal fees of just €597 on IRB-resolved liability claims under €150,000, a fraction of the equivalent litigated cost.⁹

Putting those together on a hypothetical median IRB case: gross award of €13,000, total legal costs around €7,000 (combining solicitor fees and outlays). Of that total, because IRB does not award Party and Party costs, the full amount comes from the claimant's compensation. The "success fee", the shortfall, is effectively the whole legal cost. That is why informed claimants ask about the net position, not the gross award.

Now compare a litigated case of similar injury severity that settles at €40,000 after court proceedings issue. Total legal costs would be higher, perhaps €12,000 to €18,000, but the defendant typically pays the bulk of those costs as Party and Party. The claimant's out-of-pocket "success fee" shortfall might be €2,000 to €5,000, a much smaller slice of a larger award. This is why the same injury can result in very different net outcomes depending on resolution route.

Every case is different. The figures above are illustrative and drawn from published sector averages. Your own numbers will depend on injury severity, the route your case takes, the evidence required, and the terms in your Section 150 Notice. Judicial Council Guidelines 2021 govern the general damages range. Specialised losses (earnings, future medical costs) are calculated separately.

Success fee vs no win no fee: the difference in plain English

These two terms are related but not the same, and the distinction determines whether you pay anything if your case fails.

"No win no fee" is a risk arrangement. It means your solicitor agrees not to charge professional fees if the claim fails. You may still face disbursements (medical report costs, court fees) and adverse costs if a court case is lost, depending on the terms of your agreement. "No win no fee" describes what happens when you lose.

"Success fee", as used colloquially in Ireland, describes the amount deducted from your compensation when you win. It is the operational reality of how your solicitor is paid under a no win no fee arrangement after a successful outcome. It is not a separate or additional charge on top of ordinary fees.

For detailed treatment of each side of that equation, our dedicated guides cover them separately. See how no win no fee works in Ireland for the risk architecture. See our guide to whether solicitors are allowed to charge a success fee for the regulatory question. For the cost side at a total-bill level, see our Irish solicitor fees guide.

Republic of Ireland vs Northern Ireland: This page covers the law of the Republic of Ireland. Northern Ireland operates under a different regime. Conditional Fee Agreements are available in Northern Ireland under rules aligned with the UK system, including the 25% success fee cap under the Conditional Fee Agreements Order 2013. A solicitor in Belfast may lawfully agree a percentage-based success fee. A solicitor in Dublin may not. If your accident happened in the Republic, Section 149 LSRA 2015 governs. If it happened in Northern Ireland, different rules apply.

Why you barely see this discussed publicly in Ireland

Irish solicitors are tightly restricted in how they advertise any personal injury service. That restriction is a further reason the public information on "success fees" is so scarce. The LSRA Advertising Regulations 2020 prohibit advertisements using phrases such as "no win no fee," "no foal no fee," or "free first consultation." Any equivalent language suggesting personal injury services are provided at no cost is also banned.⁴

Other bans are equally strict. Advertisements that include specific damages figures not based on the Personal Injuries Guidelines are also prohibited. So are advertisements that reference a solicitor's success rate or encourage the making of personal injury claims. Every Irish solicitor's website that mentions personal injury must carry the Section 149 compliance footer. That footer is a statutory reminder that percentage-based calculation is unlawful.

The consequence: compliant Irish firms cannot compete for "success fee" search traffic the way UK and US firms can. That is why Google.ie returns so many non-Irish results for Irish searches on this topic. The information vacuum is a regulatory outcome, not an accident.

Myths vs reality: common "success fee" misconceptions debunked

Six common myths about success fees in Ireland, with the regulatory reality

Myth	Reality in Ireland
"Every Irish solicitor takes 25% of your compensation."	Percentage-based calculation is prohibited in contentious business under Section 149 LSRA 2015. Any solicitor quoting a flat percentage is not compliant.
"No win no fee means zero financial risk."	Professional fees are waived on loss, but disbursements (medical reports, court fees) and adverse costs if a court case loses may still apply, depending on the written agreement.
"The phrase 'success fee' is banned in Ireland."	The phrase is not banned. Calculating a fee as a percentage of damages is banned. The term survives as a colloquialism for the shortfall paid from a winning award.
"You can negotiate the percentage down with a good solicitor."	There is no percentage to negotiate. The fee must be calculated from work done per Schedule 1 factors. You can negotiate hourly rates and scope, but not a percentage slice.
"The 25% cap from the UK applies across the UK and Ireland."	The 25% cap is UK law (Conditional Fee Agreements Order 2013) and applies in England, Wales, and Northern Ireland. The Republic of Ireland has no cap because the calculation method itself is prohibited.
"The Section 150 Notice is a formality you can sign without reading."	The Notice is the binding fee basis. Under Section 157, charges omitted from the original Notice generally cannot be recovered later. Reading it is your single most important fee protection.

How to check if a fee proposal complies with Irish law

Run these five checks against any retainer or fee proposal you receive. A "no" on any of the first four means the arrangement may breach Section 149 LSRA 2015.

1. Does the Section 150 Notice avoid stating a percentage of your damages? A compliant Notice expresses fees as hourly rates, stage fees, or lump-sum estimates. It does not express fees as a percentage or proportion of the award.
2. Is the fee tied to work done, not to damages value? Look for references to time spent, complexity, and Schedule 1 LSRA 2015. Absence of these references is a red flag.
3. Is any deduction from your award backed by prior written agreement? Section 149(2) requires written consent before any damages are appropriated toward legal costs.
4. Does the Notice avoid tiered schedules linked to award value? A schedule like "10% on the first €10,000, 15% above that" is equally prohibited because it expresses the fee as a proportion of damages.
5. Does the Bill of Costs, when issued, comply with Section 152? The Bill must be in a prescribed format with a breakdown of work, hours, rates, and disbursements. Unitemised lump sums are not compliant.

If any of the above fail: raise it in writing with your solicitor first. If unresolved within a reasonable period, complaints on fee conduct can be made to the Legal Services Regulatory Authority. Disputed bills can also be referred to the Office of the Legal Costs Adjudicator.

Interactive self-check: Is your fee arrangement compliant with Section 149?

Answer six yes/no questions to see how your fee arrangement scores against the key Section 149 LSRA 2015 compliance markers. The tool runs entirely in your browser. Nothing is transmitted, logged, or stored.

How to use: If you have a Section 150 Notice or fee proposal, read each question against it and select your answer. If you do not have a Notice yet, these are the questions to ask before you sign one.

1Does the fee arrangement avoid stating a percentage of your damages or compensation?

Look for wording like "25% of your settlement" or any other percentage-of-award language. Compliant Notices state hourly rates, stage fees, or lump-sum estimates.

Yes (no percentage stated) No (percentage IS stated) I don't know

2Is the fee calculated from work done, not from the size of the award?

Look for references to time spent, complexity, urgency, skill required, or Schedule 1 LSRA 2015. Absence of these references is a red flag.

Yes (work-based) No (award-based) I don't know

3Is any deduction from your damages backed by prior written agreement?

Section 149(2) requires written consent before any damages can be appropriated toward legal costs. Verbal agreement is not enough.

Yes (in writing) No (verbal only) I don't know

4Does the Notice avoid tiered schedules linked to award value?

A schedule like "10% on the first €10,000, 15% on the next €20,000" is still prohibited because it expresses the fee as a proportion of damages.

Yes (no tiered schedule) No (tiered schedule present) I don't know

5Did you receive a written Section 150 Notice before chargeable work began?

Section 150 LSRA 2015 requires the Notice in writing, in plain language, with a cooling-off period of up to 10 working days.

Yes, before work began No, or only after work started I don't know

6Does your solicitor hold a current Law Society of Ireland Practising Certificate?

Verify on the Law Society Find a Solicitor register or ask for the PC number directly.

Yes (verified) No (or unable to verify) I don't know

Check compliance Reset

Not legal advice. This tool is an educational self-check based on the statutory markers in Section 149 and Section 150 of the Legal Services Regulation Act 2015. It does not replace legal advice on your specific fee arrangement. If you have concerns about a fee proposal, speak to an independent solicitor or contact the Legal Services Regulatory Authority.

The 7-point retainer checklist: what to confirm before you sign

Use this checklist at your first consultation. A solicitor acting properly will welcome these questions. A solicitor who will not answer them clearly is a solicitor you do not want handling your claim.

1. How will the fee be calculated? The answer must reference time spent, complexity, and the factors in Schedule 1 LSRA 2015, not a percentage of expected damages.
2. What does the Section 150 Notice contain and when will I receive it? It must be in writing and issued before any chargeable work begins.
3. What is the cooling-off period and how do I use it? Up to 10 working days during which the solicitor should not begin chargeable work without your confirmation.
4. Who pays for medical reports and other outlays, and what happens to those costs if the case fails? Get this in writing, not a verbal reassurance.
5. What is my exposure to adverse costs if the case goes to court and loses? Is ATE insurance available, and if so, who pays the premium?
6. On a win, how will the shortfall between Party and Party costs and the total bill be calculated? Ask for an indicative breakdown by stage of the case.
7. What happens if I want to change solicitor mid-claim, or the solicitor withdraws? The terms should be set out in the retainer documentation.

You are entitled to change solicitor mid-claim. Our dedicated guide on changing solicitor during a personal injury claim walks through the practical steps. It also covers the position on outstanding fees owed to the first solicitor.

If you think your solicitor's fee is too high

You have a statutory right to challenge fees you believe are excessive. Within 21 days of receiving the Bill of Costs under Section 152, you can send a written statement of dispute to your solicitor. If informal resolution fails, either side can apply to the Office of the Legal Costs Adjudicator for formal adjudication.¹¹

The statutory deadlines matter. A client must apply for adjudication within six months of receiving the bill, or three months of paying it, whichever first occurs (Section 154(7) LSRA 2015). If the Adjudicator reduces the bill by 15% or more from the aggregate set out in the Bill of Costs, the solicitor is responsible for the adjudication costs under Section 158(3) LSRA 2015, a strong incentive for reasonable billing. Complaints about grossly excessive charging can also be made to the Legal Services Regulatory Authority, which offers free mediation and can direct refunds of up to €5,000.¹²

Helpful fact: because the LSRA Complaints Committee considers whether a valid Section 150 Notice was provided when assessing complaints, the Notice protects you in two directions. It tells you what to expect before signing, and it limits what the solicitor can charge later. A detailed Notice is your safeguard.

Understand how fees would work in your specific case. You can get a straight answer on the fee basis for your situation. The Section 150 Notice will be explained in plain English before anything is signed. Arrange a case assessment or call 01 903 6408. Covered nationally from our Dublin office. We do not use pressure tactics and we will tell you plainly if your case is not one we can take on.

Related guides on this site: How no win no fee works in Ireland • Whether solicitors can charge a success fee • IRB / PIAB process explained • Personal injury claims in Ireland • How many claims go to court • How long a claim takes

Common questions

Is there a 25% cap on success fees in Ireland?

No. The 25% cap applies in England and Wales under Article 5 of the Conditional Fee Agreements Order 2013, not in Ireland. Irish law under Section 149 LSRA 2015 prohibits calculating fees as a percentage of damages at all in contentious business, so no cap is needed because the entire calculation method is banned.

• UK rule is 25% cap under DBA Regs 2013.
• Irish rule is no percentage calculation at all.
• Any Irish site quoting a 25% cap is applying UK law incorrectly.

Why it matters: you may be calibrating your expectations against the wrong rule.

Next step: Section 149 (irishstatutebook.ie) • UK Conditional Fee Agreements Order 2013

How much will my solicitor actually take from my compensation?

There is no standard answer and any specific percentage figure would be unlawful to quote as a pre-agreed calculation. The amount depends on the complexity of the case, the work required, and the stage at which it resolves. Your Section 150 Notice must provide a reasonable estimate or the basis of calculation before work begins.

• Fee basis set out in Schedule 1 LSRA 2015.
• Estimate must appear in Section 150 Notice.
• VAT at 23% is separate and applies to solicitor professional fees.

Why it matters: knowing the basis and getting it in writing protects your net compensation.

Next step: Irish solicitor fees explained • Section 150 (irishstatutebook.ie)

Why do I see UK websites when I search this on Google.ie?

Because Irish solicitors are prohibited by the LSRA Advertising Regulations 2020 from using marketing language like "no win no fee" or quoting success fee percentages. UK and US sites face no such restriction and therefore dominate the search results. Reading their content and assuming it applies in Ireland is the single most common mistake claimants make.

• LSRA 2020 bans specific PI advertising phrases in Ireland.
• UK and US sites are unrestricted.
• Always check whether the site is Irish-qualified before acting on it.

Why it matters: UK rules and US rules both conflict with Irish statute.

Next step: LSRA Advertising Rules • Verify an Irish solicitor

What exactly is a Section 150 Notice and when should I get one?

A Section 150 Notice is a written document your solicitor must give you before starting chargeable work. It sets out the legal costs or the basis on which costs will be calculated. It also details the likely costs at each stage of litigation. Finally, it identifies the circumstances where you might be liable for the other side's costs.

• Issued before any chargeable work begins.
• Must be in plain language easily understood by you.
• Cooling-off period of up to 10 working days applies.

Why it matters: it is your statutory protection against fee surprises later.

Next step: Section 150 full text • LSRA guidance on costs duties

If my case loses, do I owe a success fee?

Under a no win no fee arrangement you will not owe professional legal fees if the claim fails. However, disbursements (medical reports, expert reports, court fees) and adverse costs if a court case loses may still be payable depending on your written agreement. "No win no fee" covers the solicitor's professional fees, it does not always cover every cost.

• Professional fees waived on loss under a no win no fee agreement.
• Disbursements may still be payable, check your retainer.
• Adverse costs risk is separate and can be significant.

Why it matters: "no fee" is not the same as "no cost".

Next step: How no win no fee actually works • Disbursements and cost exposure

Does the "success fee" work differently at the Injuries Resolution Board?

Yes, and this is where many claimants are caught out. The IRB does not award Party and Party costs. If your claim resolves at assessment, the whole solicitor bill is payable from your compensation, not recovered from the respondent. Net compensation is therefore proportionally lower on IRB-resolved claims than on court-resolved claims of similar value.

• IRB does not order costs against the respondent.
• Full bill payable from your assessment.
• Rejecting the assessment to go to court carries its own risks.

Why it matters: route of resolution materially affects what you net.

Next step: IRB / PIAB guide • IRB claimant guide

Can I change solicitor if I'm unhappy with the proposed fee?

Yes. You can change solicitor at any stage of a personal injury claim. Your original solicitor may be entitled to fees for work already completed and reimbursement of disbursements advanced. The terms for switching should be set out in your retainer documentation.

• Right to change solicitor is absolute.
• Reasonable fees for work done remain payable.
• Get the transfer in writing and keep a paper trail.

Why it matters: a poor fee relationship is a reason to leave, not to stay.

Next step: Full guide on changing solicitor

What do I do if I think my bill is too high after the case ends?

You have 21 days from receiving the Bill of Costs to raise a written dispute directly with your solicitor. If informal resolution fails, either party can refer the bill to the Office of the Legal Costs Adjudicator. The application deadline is generally six months from receiving the bill, or three months from paying it, whichever first occurs.

• 21-day window to dispute in writing.
• Free LSRA mediation available.
• Formal adjudication by the Office of the Legal Costs Adjudicator.

Why it matters: you have real, statutory remedies, not just complaint mechanisms.

Next step: Office of the Legal Costs Adjudicator • LSRA complaints process

Is the rule different for medical negligence claims?

The Section 149 prohibition applies the same way. Medical negligence claims are exempt from the IRB process and proceed directly to court, but the rules on how solicitors calculate and disclose fees are identical. Because medical negligence cases typically require multiple expert reports and longer timelines, disbursements tend to be higher and the Section 150 Notice is proportionally more important.

• Same Section 149 and Section 150 rules apply.
• Higher disbursements typical (expert reports).
• Civil Legal Aid may be available for qualifying claimants.

Why it matters: higher stakes mean fee clarity is even more important.

Next step: Medical negligence claims • Civil Legal Aid Board

About the author

Gary Matthews is Principal Solicitor at Gary Matthews Solicitors, a Dublin-based firm focused on personal injury and medical negligence claims for clients in the Republic of Ireland. He holds a current Law Society of Ireland Practising Certificate, No. S8178, and practises exclusively under the regulatory framework of the Legal Services Regulation Act 2015.

Areas of practice include road traffic accident claims, workplace injury claims, public liability claims, medical negligence, and claims before the Injuries Resolution Board. All client engagements follow the Section 150 Notice regime and are calculated in accordance with the six factors set out in Schedule 1 LSRA 2015.

Credentials: Law Society of Ireland member • Practising Certificate S8178 • Verify on the Law Society register
Contact: 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 • Full profile

This article was: written by Gary Matthews, reviewed against current statutory text on the Irish Statute Book, and last checked on 21 April 2026. Every statutory reference has been individually verified against the enacted text published by the Office of the Attorney General.

References

Source transparency: As of 21 April 2026, this article cites 14 primary sources across 8 authoritative Irish institutions: the Irish Statute Book (Office of the Attorney General), the Legal Services Regulatory Authority, the Injuries Resolution Board, the Central Bank of Ireland, Citizens Information Board, the Courts Service of Ireland, the Law Society of Ireland, and the Supreme Court of Ireland. Every statutory citation links directly to the enacted text on irishstatutebook.ie. UK legislation (legislation.gov.uk) is cited only for comparative purposes and does not govern Irish personal injury costs.

1. Legal Services Regulation Act 2015, Section 149, Irish Statute Book, Office of the Attorney General (enacted 30 December 2015, commenced 7 October 2019)
2. Legal Services Regulation Act 2015, Section 150, Irish Statute Book, Office of the Attorney General (commenced 7 October 2019)
3. S.I. No. 502/2019, Legal Services Regulation Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2019, Irish Statute Book (made 7 October 2019)
4. Advertising by Lawyers, Legal Services Regulatory Authority (updated 2024). Also Legal Services Regulatory Authority Advertising Regulations 2020 (S.I. No. 644 of 2020), made 18 December 2020
5. Legal Services Regulation Act 2015, Schedule 1 (Principles relating to legal costs), Irish Statute Book, Office of the Attorney General (commenced 7 October 2019)
6. Legal fees and costs for civil cases, Citizens Information, Citizens Information Board (last reviewed 2025)
7. Legal Services Regulation Act 2015, Section 157 (Determination of applications), Irish Statute Book (commenced 7 October 2019)
8. Injuries Resolution Board, Citizens Information, Citizens Information Board (last reviewed 2025)
9. Injuries Resolution Board Annual Report 2024, Injuries Resolution Board (published 9 July 2025). Median award €13,000, average €18,967, 8,392 awards, average legal fees €597 on IRB-resolved claims under €150,000.
10. Private Motor Insurance Mid-Year 2024 Settled Claims Data Release, National Claims Information Database, Central Bank of Ireland (published July 2025). Average legal fees of €7,128 on motor injury claims under €100,000 in H1 2024.
11. Office of the Legal Costs Adjudicator, Courts Service of Ireland (accessed 21 April 2026)
12. Making a complaint about a legal practitioner, Legal Services Regulatory Authority (accessed 21 April 2026)
13. Maintenance and Embracery Act 1634 (retained as part of Irish law by the Statute Law Revision Act 2007, enacted 8 May 2007), Irish Statute Book, statutory basis for continuing prohibition on champerty and maintenance in Ireland
14. Persona Digital Telephony Ltd v Minister for Public Enterprise [2017] IESC 27, Supreme Court of Ireland, judgment of Denham CJ (delivered 23 May 2017, 4-1 majority, McKechnie J dissenting), hosted on BAILII

*In contentious business and in accordance with Section 149 of the Legal Services Regulation Act 2015, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client, or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not, without the prior written agreement of his or her client, deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.

Not legal advice. This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.