No Win No Fee Medical Negligence Ireland: How Funding Actually Works
Author: Gary Matthews, Principal Solicitor - Law Society of Ireland PC No. S8178 •
3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •Reviewed by Gary Matthews, Solicitor with over 30 years experience in Irish medical negligence litigation
The direct answer: No win no fee agreements are legal in Ireland for medical negligence claims. Your solicitor cannot charge you professional fees if your case is unsuccessful. However, you may still face liability for outlays (expert reports, court fees) and potentially the defendant's legal costs if the case fails. After The Event (ATE) insurance can protect against these risks. Unlike standard personal injury claims, medical negligence cases bypass the Injuries Resolution Board (IRB) and proceed directly to litigation, making proper funding arrangements essential.1
Quick answers: No win no fee is legal in Ireland but solicitors cannot advertise it (LSRA S.I. No. 644/2020). Medical negligence claims skip the IRB (PIAB Act 2003, s.3(d)). Average claim duration: 1,462 days per Medical Protection Society research. Expert reports cost €2,000-€20,000. ATE insurance protects against adverse costs.23
Contents
At a Glance: No Win No Fee Medical Negligence
Self-Audit: Check Your Position
Before seeking no win no fee funding, assess where you stand:
Do you have:
✓ Evidence that treatment fell below reasonable standards?
✓ A link between the treatment and your injury (not just bad outcome)?
✓ Medical records documenting what happened?
✓ An injury serious enough to justify 4+ years of litigation?
✓ Time remaining within the 2-year limitation period?
If you answered "no" to any: You may still have a claim, but funding will be harder to secure. Consider obtaining a preliminary expert opinion (€500-€1,000) before approaching solicitors.
Before You Start: Essential First Steps
1. Secure your medical records. Submit a Subject Access Request (SAR) under GDPR to the hospital or GP. They must respond within one month. Keep copies of everything.
2. Document your recollection. Write down what happened, when, and who was involved while your memory is fresh. Date your notes.
3. Check your limitation date. The two-year clock runs from the date you knew (or should have known) your injury resulted from negligence. Do not delay.
4. Avoid social media. Posts about your health or activities can be used against you. Keep your situation private.
Common Use Cases for No Win No Fee Medical Negligence
Birth injury claims: Cerebral palsy, Erb's palsy, and hypoxic brain injury cases often qualify due to clear breach/causation patterns and substantial damages.
Delayed cancer diagnosis: Where earlier detection would have changed prognosis. Requires oncology expert to establish causation.
Surgical errors: Wrong-site surgery, retained instruments, nerve damage during routine procedures. Often strong on liability.
Medication errors: Wrong drug, wrong dose, known contraindication ignored. Pharmacy and prescribing records provide clear evidence.
Hospital-acquired infections: Where infection control failures can be demonstrated through audit records.
What Does No Win No Fee Actually Mean in Ireland?
No win no fee is not a marketing slogan. It is a formal funding arrangement where your solicitor agrees to defer and waive their professional fees if your medical negligence claim is unsuccessful. The legal term is a conditional fee agreement (CFA).
Here is what the arrangement covers and what it does not cover:
What is covered: Your solicitor's professional fees for work done on your case. If you lose, you pay nothing for their time.
What is NOT covered: Disbursements (outlays) such as expert medical reports, court filing fees, and counsel's fees may remain your responsibility. The defendant's legal costs if you lose may also be payable by you, though ATE insurance can protect against this. This is NOT the same as "risk-free" litigation.
One detail that surprises clients: the percentage fee model used in American litigation is prohibited in Ireland. Under Section 149 of the Legal Services Regulation Act 2015, solicitors cannot charge fees as a percentage of your compensation.5 Fees are calculated based on time and complexity. They are simply deferred until the outcome is known.
Why Can't Solicitors Advertise No Win No Fee?
The Legal Services Regulatory Authority (LSRA) regulates legal services advertising under S.I. No. 644 of 2020. The regulations prohibit solicitors from using phrases including "no win no fee", "no foal no fee", and "free first consultation" in advertisements relating to personal injury claims.2
The purpose is to prevent the commoditisation of justice and discourage frivolous claims. However, the regulations distinguish between advertising (prohibited) and providing factual information on the law (permitted).
What the LSRA rules mean for you:
If a solicitor prominently advertises "no win no fee" on their homepage as an inducement, they may be breaching the regulations or operating as an unregulated claims harvester. Legitimate solicitors can discuss funding arrangements when you contact them directly, but they cannot use the phrase to attract clients through advertising.
Beware claims harvesters: Websites that prominently advertise "no win no fee" may be lead generation services that sell your details to solicitors. These are regulated by the same rules but often ignore them. Deal directly with a regulated solicitor.
Who Regulates Solicitor Advertising in Ireland?
The LSRA took over advertising regulation from the Law Society of Ireland on 18 December 2020. This is a common point of confusion. Many websites still incorrectly state that the Law Society regulates advertising. The LSRA now handles all complaints about solicitor and barrister advertising.2
Why Is Medical Negligence Funding Different from Standard Personal Injury?
Medical negligence operates under fundamentally different rules than a road traffic accident or workplace injury claim. Understanding these differences explains why funding arrangements matter more.
The IRB Exemption
Standard personal injury claims in Ireland must first be assessed by the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023. Medical negligence claims are exempt from this requirement under Section 3(d) of the PIAB Act 2003.1
This exemption exists because medical negligence involves complex causation questions that require expert medical opinion to establish. The IRB's streamlined assessment process is not designed for cases requiring multiple specialist reports.
The practical consequence: medical negligence claims proceed directly to litigation. There is no preliminary assessment phase where costs can be contained. This increases risk for solicitors and explains why no win no fee arrangements for medical negligence are more selective.
The Complexity and Cost Barrier
A road traffic accident claim typically requires one medical report and perhaps an engineering assessment. Total investigative costs might be €500-€1,500.
A medical negligence claim requires establishing that a healthcare provider breached their duty of care and that this breach caused your injury. This often demands reports from multiple specialists. A cerebral palsy case might require opinions from an obstetrician, neonatologist, midwifery expert, and paediatric neurologist. Total expert costs can easily exceed €15,000 before proceedings are even issued.
| Factor | Standard Personal Injury | Medical Negligence |
|---|---|---|
| IRB required | Yes | No (exempt) |
| Typical expert reports | 1-2 | 3-6 |
| Expert report costs | €300-€1,500 | €2,000-€20,000+ |
| Average resolution time | 7.3 months (IRB) | 1,462 days (~4 years) |
| Primary defendant | Insurer | State Claims Agency (HSE cases) |
The State Claims Agency Factor
When you sue the HSE for medical negligence, you are not facing a commercial insurer. The State Claims Agency (SCA) manages claims against the State with effectively unlimited resources to defend cases.6
According to State Claims Agency figures, the SCA paid €210.5 million in clinical care damages in 2024, down €65.4 million from 2023. The Irish Hospital Consultants Association reported the outstanding liability for all claims stood at approximately €5.35 billion as of late 2025. These figures demonstrate the scale of the State's exposure and explain why cases are vigorously defended.678
The no win no fee arrangement serves as an equaliser. It allows ordinary families to engage the same calibre of experts and senior counsel as the State. Without it, only the wealthy could pursue legitimate medical negligence claims.
What Are the Real Costs of a Funded Medical Negligence Claim?
The phrase "no win no fee" creates an expectation of zero financial risk. This is not accurate. Understanding the true cost structure helps you make an informed decision.
Your Solicitor's Fees (Covered)
Your solicitor's professional charges for legal work are covered by the no win no fee arrangement. If you lose, these fees are waived. If you win, they are recovered from the defendant as part of the settlement.
Outlays and Disbursements (May Not Be Covered)
Outlays are costs your solicitor pays to third parties on your behalf. These typically include:
Expert medical reports: €2,000-€4,000 per report. Complex cases require multiple specialists.
Court filing fees (stamp duty): Varies based on the value of the claim, typically several hundred euros for High Court proceedings.
Counsel's fees: Barristers' fees for advising, drafting pleadings, and court appearances.
Other disbursements: Medical records retrieval, travel for assessments, court service fees.
In many no win no fee arrangements, the solicitor funds these outlays upfront. However, if the case is unsuccessful, you may be liable to repay them. The exact terms depend on your agreement with your solicitor and whether you have ATE insurance.
The Defendant's Costs (The Hidden Risk)
Ireland follows the "loser pays" principle in civil litigation. If your case fails, you may be ordered to pay the defendant's legal costs. In a medical negligence case defended by the State Claims Agency, these costs can be substantial.
However, the actual trial risk is lower than most clients expect. According to Irish Examiner analysis of State Claims Agency data, of 2,593 clinical care claims finalised between 2021 and 2024, only 35 (1.35%) were resolved by court ruling. The remainder settled before trial.11 This pattern explains why solicitors can fund medical negligence cases on a no-win-no-fee basis: "vigorously defended" does not mean "fought to verdict." Most cases resolve through negotiation, often at the last stage before trial.
This risk still explains why ATE insurance is critical. Even a 1.35% chance of adverse costs running to tens of thousands of euros is worth insuring against.
Who Pays for Expert Reports and Outlays?
The treatment of outlays varies between solicitor firms. This is NOT the same question as who pays the solicitor's professional charges. Three common models exist:
Model 1: Solicitor Funds All Outlays
The solicitor pays all disbursements upfront. If the case wins, these are recovered from the defendant. If the case loses, the solicitor absorbs the loss. This model transfers maximum risk to the solicitor and is therefore reserved for stronger cases. You CAN access this model even without substantial personal assets, but only if your case has clear merit.
Model 2: Client Responsible for Outlays
The client pays disbursements as they arise or agrees to repay them from any settlement. This reduces the solicitor's risk but leaves the client exposed if the case fails. This does NOT mean you will definitely face costs if you lose. The outcome depends on whether ATE insurance covers these disbursements.
Model 3: ATE Insurance Covers Outlays
After The Event insurance covers disbursements if the case is unsuccessful. The premium is deferred and deducted from any settlement. If the case loses, the insurer pays and the premium is waived.
From handling medical negligence cases in Irish courts, the critical question to ask is: "What happens to outlays if we investigate and determine the case has no merit?" Many claims fail at the investigative stage when expert review reveals no breach of duty or causation. Clarify this before you instruct a solicitor.
How Does ATE Insurance Protect You?
After The Event (ATE) insurance is litigation insurance taken out after a potential claim arises. It protects against the financial risks of unsuccessful litigation.
What ATE Insurance Covers
Defendant's costs: If you lose and are ordered to pay the HSE's or hospital's legal costs, the policy covers this.
Own disbursements: Expert report costs, court fees, and other outlays if the case fails.
Counsel's fees: Barrister's fees if the case is unsuccessful.
How the Premium Works
The ATE premium is calculated as a percentage of the sum insured, typically 30-40% for medical negligence claims. The premium is deferred and contingent. You pay nothing upfront. If you win, the premium is deducted from your settlement. If you lose, the policy pays out and the premium itself is waived.
For example: A policy covering €50,000 in adverse costs might carry a €15,000 premium. If you win and receive €200,000, the premium is deducted from your settlement. If you lose, the insurer pays the defendant's costs and you pay nothing.
Eligibility for ATE Insurance
ATE insurers assess case merits before offering cover. Typical requirements include:
Minimum 60% assessed probability of success. A preliminary expert opinion supporting liability. Realistic trial date at least 12 months away. Full disclosure of case facts.
The assessment process means ATE availability is itself a signal of case strength. If no insurer will cover your claim, that is worth noting.
Irish-specific note: ATE premiums are not recoverable from the losing party in Ireland. This differs from the UK position and means the premium will reduce your net settlement. Factor this into your expectations.
What Is the Cost Shortfall and How Does It Affect You?
Even when you win, the defendant typically does not pay 100% of your legal costs. Understanding the "shortfall" prevents unwelcome surprises.
Party and Party Costs vs Solicitor and Client Costs
When you win, the defendant pays your "party and party" costs. These are the costs a Taxing Master considers necessary for the litigation. However, your solicitor may have incurred "solicitor and client" costs that were reasonable but exceed what the defendant is required to pay.
The difference is the shortfall. It comes from your settlement.
How large is this gap? According to RDJ Solicitors' analysis for Thomson Reuters Practical Law, party-and-party costs orders generally represent 60% to 70% of reasonable costs actually incurred.12 This means even in a straightforward win, you should expect 30-40% of your legal costs to come from your compensation rather than the defendant's pocket.
For example: Your solicitor charged €50,000 in fees. The defendant is ordered to pay €40,000 in party and party costs. The €10,000 shortfall is deducted from your compensation.
The Section 150 Notice
Under Section 150 of the Legal Services Regulation Act 2015, your solicitor must provide you with written information about costs before you agree to engage them. This "Section 150 notice" should estimate the likely shortfall so you have clarity before proceeding.5
Unlike firms that hide this reality, transparent practice involves estimating the shortfall in the Section 150 notice so you have total clarity from the start.
Section 151: The Legal Mechanism for Fee Agreements
Section 151 of the Legal Services Regulation Act 2015 allows solicitors and clients to enter into a written agreement concerning fees as an alternative to a Section 150 notice. This is the legal mechanism that enables no-win-no-fee arrangements.13
A Section 151 agreement must contain all the particulars required in a Section 150 notice. When such an agreement exists, it constitutes the entire fee arrangement between you and your solicitor. The agreement should specify what happens to fees if the case is unsuccessful, what happens to outlays, and any deductions from your settlement if successful.
After receiving your Section 150 notice or Section 151 agreement, the solicitor must observe a cooling-off period of up to 10 working days before commencing work, unless you confirm you wish to proceed earlier. This gives you time to consider the terms and seek a second opinion if needed.
Worked Example: What You Actually Keep from a €200,000 Settlement
Abstract explanations only go so far. Here is what actually happens to a typical medical negligence settlement:
| Item | Amount | Explanation |
|---|---|---|
| Damages awarded | €200,000 | Your compensation for injury and losses |
| Party-party costs recovered from defendant | €45,000 | ~60-70% of actual legal costs |
| Actual legal costs incurred | €70,000 | Solicitor fees, counsel fees, experts |
| Cost shortfall (from your damages) | €25,000 | The gap between actual and recovered costs |
| ATE insurance premium | €12,000 | Deferred premium (30-40% of sum insured) |
| Outlays not recovered | €0 | Covered by no-win-no-fee arrangement |
| Net to client | €163,000 | 81.5% of damages awarded |
Note: These figures are illustrative. Your actual deductions depend on case complexity, legal costs incurred, ATE premium rates, and the terms of your fee agreement. Some cases retain 85%+ of damages; complex cases with extensive expert evidence may retain less. Ask your solicitor for a worked estimate specific to your case.
The key insight: even in a successful claim, expect 15-25% of your damages to cover the cost shortfall and insurance premium. This is NOT unique to any particular solicitor. It reflects how Irish litigation costs work. What matters is that you understand this before you start.
Case Study: How No Win No Fee Worked in Practice
Note: This case study is based on a real matter handled by our firm. Details have been anonymized and modified to protect client confidentiality. It is presented for educational purposes to illustrate how no-win-no-fee funding operates in practice.
The Situation: Delayed Diagnosis
A Dublin woman in her early 50s presented to her GP with persistent abdominal symptoms over an 18-month period. Despite multiple consultations, she was repeatedly told her symptoms were stress-related. When she was eventually referred for investigation, she was diagnosed with colorectal cancer that had progressed to Stage III. Earlier diagnosis would have identified the cancer at Stage I, with significantly better treatment options and prognosis.
She contacted our firm in January 2021, uncertain whether she had a case and unable to afford upfront legal costs.
The Funding Arrangement
After reviewing her medical records, we agreed to take the case on a full no-win-no-fee basis with the following terms:
Solicitor fees: Deferred until outcome. If the case lost, no fees would be charged.
Expert reports: We funded the initial expert reports (oncology and GP standard of care), totalling €7,200. The client was not required to pay these upfront.
ATE insurance: We arranged ATE cover with a limit of €150,000 for adverse costs and disbursements. The premium was €18,000, deferred and contingent on success.
Section 150 notice: We provided a written estimate of likely costs and the anticipated shortfall, as required by the Legal Services Regulation Act 2015.
The Timeline
| Date | Event |
|---|---|
| January 2021 | Initial consultation and case assessment |
| March 2021 | Medical records obtained; expert instructions issued |
| August 2021 | Supportive expert reports received; proceedings issued |
| December 2021 | Defence filed by State Claims Agency |
| 2022 | Discovery process; additional expert reports commissioned |
| March 2023 | Mediation attempted; no settlement reached |
| September 2023 | Case listed for trial in 2024 |
| February 2024 | Settlement negotiations resumed |
| April 2024 | Settlement agreed at €285,000 |
Total duration: 39 months (1,170 days) from first consultation to settlement. This was faster than the Medical Protection Society's reported average of 1,462 days, partly because liability was relatively clear once the expert evidence was assembled.
The Financial Outcome
| Item | Amount |
|---|---|
| Settlement amount | €285,000 |
| Party-party costs recovered from defendant | €62,000 |
| Actual legal costs incurred | €94,000 |
| Cost shortfall (from settlement) | €32,000 |
| ATE premium (from settlement) | €18,000 |
| Net to client | €235,000 |
The client retained 82.5% of her settlement. The cost shortfall and ATE premium together represented 17.5% of the damages awarded.
What Made This Case Work
Clear documentation: The GP records showed multiple presentations with similar symptoms over 18 months, creating a strong paper trail.
Supportive expert evidence: Both the oncologist and GP expert confirmed the diagnosis should have been made earlier and that earlier treatment would have improved outcomes.
Quantifiable harm: The progression from Stage I to Stage III cancer represented a measurable worsening of prognosis that could be valued.
Realistic expectations: The client understood from the outset that the case would take years, not months, and that a portion of any settlement would cover the cost shortfall.
What the Client Said
"I would never have been able to pursue this without no win no fee. The idea of paying €7,000 for expert reports when I didn't even know if I had a case was impossible. What mattered to me was that someone was held accountable for what happened, and that I had financial security for my treatment and recovery. The 17% that went to costs felt reasonable given that I paid nothing for over three years while the case was running."
Important: Every case is different. This outcome depended on specific facts, evidence, and circumstances. Settlement amounts, timelines, and cost percentages vary significantly between cases. This example should not be taken as an indication of what any particular case might achieve.
What Do the 2025 High Court Reforms Mean for Your Claim?
The President of the High Court introduced two Practice Directions (HC131 and HC132) that took effect on 28 April 2025. These represent significant reform of how clinical negligence claims are managed.4
Practice Direction HC132: The Clinical Negligence List
HC132 establishes a dedicated Clinical Negligence List within the Dublin Personal Injuries List. Key features include:
Specialist judicial oversight: Cases are assigned to judges experienced in clinical negligence, ensuring consistent and informed case management.
Enhanced case management: The Judge in Charge can issue directions on timetables for expert reports, mediation, witness statements, and other matters necessary for efficient resolution.
Application to all cases: The directions apply to all clinical negligence proceedings regardless of when they were commenced.
Practice Direction HC131: Requirements for Trial Dates
HC131 sets out what must happen before any party can apply for a trial date. The requirements include:
Fully pleaded case: All particulars of negligence, grounds of defence, and causation pleas must be complete.
Discovery exchanged: Both sides must have complied with discovery obligations.
Expert reports exchanged: All expert reports must be exchanged, or a bona fide offer to exchange must have been made.
Witness lists exchanged: Full schedules of factual and expert witnesses must be provided.
Mediation commitment: The applying party must undertake to offer mediation within three weeks of the trial date being fixed and engage in mediation within six weeks if the offer is accepted.
A Certificate of Compliance confirming these requirements must be signed before any trial date application.
What This Means for Funding and Timelines
The reforms should reduce the current 1,462-day average claim duration by preventing "trial by ambush" where crucial evidence emerges late. The mandatory mediation requirement may also lead to earlier settlements. This is NOT the same as mandatory arbitration. You can reject mediation outcomes and proceed to trial.
For funding, this means outlays may be incurred more predictably and cases may resolve faster. However, the upfront preparation requirements mean investigative costs must be spent earlier in the process.
Who Qualifies for No Win No Fee Medical Negligence Funding?
Not every medical negligence enquiry qualifies for no win no fee funding. Solicitors assess case merits before agreeing to accept the risk.
Factors That Improve Your Chances
Clear breach of duty: Evidence suggesting the healthcare provider fell below the standard of reasonable care.
Causation link: Your injury was caused by the breach, not the underlying condition that brought you to hospital.
Significant injury: The injury is serious enough to justify the costs and time involved in litigation.
Within time limits: You are within the two-year statute of limitations (or can establish a later "date of knowledge").
Documentation available: Medical records are accessible and support your account.
Why Some Cases Are Declined
A solicitor declining to take your case on a no win no fee basis does not necessarily mean you have no claim. It may mean:
The case is too risky for the solicitor to fund. The likely damages are too low to justify the costs. Key evidence is missing or contradictory. The causation link is too difficult to prove.
You can always seek a second opinion or pay for an initial expert report privately to clarify merit before approaching another firm. The pattern we see in practice: cases with documented departures from HSE clinical guidelines and clear injury causation attract funding more readily than those requiring complex expert debate on standard of care.
What to Do If Your Case Is Declined
If declined by one firm: Seek a second opinion. Different solicitors have different risk appetites.
If declined by multiple firms: Consider paying for a preliminary expert opinion (typically €500-€1,000) to establish whether liability is arguable. This can be presented to solicitors to demonstrate case merit.
If causation is the issue: A consultant in the relevant specialty can provide a preliminary view on whether the treatment caused your injury.
Scenario: Your Case Strength vs Funding Model
If you have strong liability evidence and documented injury: You are more likely to be offered Model 1 funding where the solicitor covers all outlays.
If liability is arguable but not certain: You may be offered Model 2 or Model 3, where you share risk through ATE insurance or remain liable for some outlays.
If causation is complex: Most firms will require a preliminary expert opinion before committing to any funding model.
Scenario: Settlement Offers
If you receive an early offer: Your solicitor will advise whether it reflects fair value. Accepting ends the risk but may undervalue your claim.
If you reject advice to settle: Your no win no fee protection may end. Clarify this in your agreement before signing.
If the case proceeds to trial: Costs increase substantially. ATE insurance becomes essential protection against adverse costs.
Common Myths About No Win No Fee Medical Negligence
Myth: No Win No Fee Means Zero Cost If You Lose
Reality: You may still be liable for outlays (expert reports, court fees) and the defendant's legal costs unless you have ATE insurance. Clarify what "no win" covers in your specific agreement.
Myth: The Law Society Regulates Solicitor Advertising
Reality: The LSRA has regulated all legal advertising since December 2020. Many websites incorrectly state the Law Society handles this. Complaints about advertising go to the LSRA.2
Myth: Medical Negligence Claims Go Through the IRB
Reality: Medical negligence is exempt from IRB assessment under Section 3(d) of the PIAB Act 2003. Claims proceed directly to litigation.1
Myth: Solicitors Take 30% of Your Compensation
Reality: Percentage fees are prohibited in Ireland under Section 149 of the Legal Services Regulation Act 2015. Fees are based on time and complexity, not a percentage of your award.5
Myth: No Win No Fee Cases Are Quick
Reality: According to Medical Protection Society research, medical negligence claims average 1,462 days to resolve in Ireland. That is four years of your solicitor funding the case without payment. This explains why firms are selective about which cases they accept.3
10 Questions to Ask Before Signing a No Win No Fee Agreement
Before instructing a solicitor on a no win no fee basis, ensure you understand the terms. These questions protect you from unwelcome surprises:
1. What exactly is covered by "no win no fee"? Does it cover only professional fees, or also outlays and counsel's fees?
2. Who pays for expert reports during investigation? Will you be liable for these costs if the case does not proceed?
3. What happens if we investigate and decide not to proceed? Are you liable for costs incurred up to that point?
4. Is ATE insurance included or recommended? Will the firm arrange this, and what is the likely premium?
5. What is the estimated shortfall? The Section 150 notice should include this estimate.
6. What happens if I reject a settlement offer you recommend accepting? Does the no win no fee protection continue?
7. What is your experience with medical negligence claims? Specifically, how many have you handled, and what is your success rate?
8. Who will handle my case day-to-day? Will it be the partner you are meeting, or a more junior solicitor?
9. What is the likely timeline? When might you expect resolution, and what factors could extend this?
10. How will you keep me informed? How often will I receive updates, and who should I contact with questions?
Medical Negligence vs Personal Injury: Funding Compared
| Feature | Standard Personal Injury | Medical Negligence |
|---|---|---|
| IRB mandatory | Yes | No (exempt under s.3(d) PIAB Act 2003) |
| No win no fee available | Commonly | Available but more selective |
| Typical expert costs | €300-€1,500 | €2,000-€20,000+ |
| Average duration | 7.3 months (IRB), 12-18 months (litigation) | 1,462 days (~4 years) |
| ATE insurance | Sometimes used | Strongly recommended |
| Solicitor risk level | Lower | Higher (explains selectivity) |
| 2025 reforms impact | General PI list | Dedicated Clinical Negligence List (HC132) |
Frequently Asked Questions
Is no win no fee legal in Ireland for medical negligence?
Yes, no win no fee agreements are permitted in Ireland. The Legal Services Regulation Act 2015 provides the statutory framework: Section 149 prohibits percentage-based fees, but Sections 150 and 151 allow solicitors to enter written fee agreements where professional fees are waived if the case is unsuccessful. Solicitors cannot advertise these arrangements as an inducement under LSRA regulations.25
Why it matters: The legality means you have options for funding even without upfront resources.
Source: LSRA 2015 s.151 • LSRA Advertising Regulations
Is "no foal no fee" the same as no win no fee?
Yes, "no foal no fee" is an Irish colloquialism meaning the same thing. The phrase originates from thoroughbred breeding, where stud fees were traditionally only payable if the mare produced a live foal. It has the same legal effect as "no win no fee" and is equally prohibited in advertising.
Why it matters: Both phrases trigger the same LSRA advertising restrictions.
What costs might I pay if my medical negligence case loses?
Without ATE insurance, you may be liable for outlays (expert reports, court fees) and the defendant's legal costs. The defendant's costs in a vigorously defended HSE case can be substantial. ATE insurance protects against both risks.
- Expert reports: €2,000-€20,000+
- Court filing fees: Several hundred euros
- Defendant's costs: Variable, potentially tens of thousands
Why it matters: Understanding the true risk helps you decide whether ATE insurance is essential.
Does my medical negligence claim go through the IRB?
No. Medical negligence claims are exempt from IRB assessment under Section 3(d) of the PIAB Act 2003. Your claim proceeds directly to litigation. This contrasts with most personal injury claims which must be assessed by the Injuries Resolution Board (formerly PIAB) before court proceedings can be issued.1
Why it matters: The exemption means higher costs and longer timelines, making funding arrangements critical.
Source: PIAB Act 2003, s.3(d)
Can my solicitor take a percentage of my compensation?
No. Percentage fees are prohibited in Ireland. Under Section 149 of the Legal Services Regulation Act 2015, solicitors cannot charge fees as a percentage of damages in contentious business. Fees are calculated based on time, complexity, and the work involved, then deferred until the outcome is known.5
Why it matters: This distinguishes Irish practice from American-style contingency fees and protects your compensation.
How long does a medical negligence claim take in Ireland?
Medical Protection Society research shows medical negligence claims in Ireland average 1,462 days (approximately four years) to resolve. This is 56% longer than in the UK, Hong Kong, or Singapore where similar claims take around 938-940 days. The 2025 High Court reforms (HC131/HC132) aim to reduce this through better case management and mandatory mediation.34
Why it matters: A four-year timeline affects your expectations and your solicitor's funding commitment.
What is ATE insurance and do I need it?
After The Event (ATE) insurance protects you against the costs of losing your case. It covers the defendant's legal costs and your own disbursements if your claim fails. The premium is typically 30-40% of the sum insured, deferred until settlement and waived if you lose. For medical negligence claims with high potential adverse costs, ATE insurance is strongly recommended.
Why it matters: Without ATE insurance, losing a medical negligence case could leave you facing substantial costs.
What if I reject a settlement offer my solicitor recommends accepting?
Your no win no fee protection may end if you reject reasonable settlement advice. The exact terms depend on your agreement, but most conditional fee arrangements allow the solicitor to withdraw from funding if you refuse to accept an offer they consider reasonable. You could then become personally liable for costs incurred from that point.
Why it matters: Understand the terms before signing. Rejecting settlement advice has consequences.
What should I do if no solicitor will take my case?
Consider paying for a preliminary expert opinion to establish case merit. A brief review by a consultant in the relevant specialty (typically €500-€1,000) can clarify whether liability is arguable. This report can then be presented to solicitors to demonstrate that the case has merit worth funding.
Why it matters: Multiple rejections may indicate case weakness, or it may mean firms have not seen enough evidence to assess risk.
How do the 2025 High Court reforms affect my claim?
The HC131 and HC132 Practice Directions create a dedicated Clinical Negligence List and require comprehensive preparation before trial dates are assigned. Mandatory mediation commitments and earlier exchange of expert reports should lead to faster resolution and potentially earlier settlements. Cases commenced before 28 April 2025 are also covered.4
Why it matters: Better case management may reduce the four-year average timeline.
Source: High Court Lists (Courts.ie)
What to Consider Next
If you are exploring a medical negligence claim: Gather your medical records and document what happened while your memory is fresh. The two-year statute of limitations runs from the date of knowledge, so do not delay.
If you have been offered no win no fee terms: Use the 10 questions above to understand exactly what is covered. Ensure the Section 150 notice explains the likely shortfall.
If you have been declined by a solicitor: Seek a second opinion or consider funding a preliminary expert opinion to clarify case merit.
Related guides: How to make a medical negligence claim in Ireland • Medical negligence compensation guide • Time limits for medical negligence claims
References
All sources accessed February 2025 unless otherwise noted.
- Personal Injuries Assessment Board Act 2003, Section 3(d), Irish Statute Book
- Legal Services Regulation Act 2015 (Advertising) Regulations 2020 (S.I. No. 644/2020), LSRA
- Medical Protection Society, "The human and financial cost of clinical negligence claims" (2024), MPS Ireland
- Practice Direction HC131 and HC132, Courts Service of Ireland (April 2025), Courts.ie
- Legal Services Regulation Act 2015, Sections 149-150, Irish Statute Book
- State Claims Agency, Clinical Indemnity Scheme, SCA
- Irish Times, "Drop in payouts for medical negligence cases" (March 2025), Irish Times
- IHCA, "Outstanding health legal liabilities of €5 billion" (March 2025), IHCA
- Citizens Information, "Making a personal injury claim", Citizens Information
- Injuries Resolution Board (IRB), "Making a claim", IRB
- Irish Examiner, "State Claims Agency pays out more than €1.4bn in settlements in last four years" (April 2025), Irish Examiner
- RDJ Solicitors / Thomson Reuters Practical Law, "Recovery of Litigation Costs: Overview (Ireland)", RDJ (PDF)
- Legal Services Regulation Act 2015, Section 151, Irish Statute Book
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
