Conditional Fee Agreement

When entering into a ​Conditional Fee Agreement (CFA), we will record the time we spend dealing with your case at our standard hourly rates (the "standard fees"), but will agree that payment of (or part of) the standard fees is conditional upon you "winning" your case (as defined by the CFA). If you win, then you will also be asked to pay a success fee. 

There are two types of CFA:

  • Under a "straightforward CFA" you will not be asked to pay us as the case progreses. You will be liable to pay the standard fee and a success fee, if you win.
  • Under a "discounted CFA" you will be asked to pay our fees at a discounted hourly rate (The "discounted fees"), as your case progresses. You will be asked to pay the difference between the discount fees and the standard fees and a success fee, if you win.

The success fee is a percentage uplift on our standard fees and our reward for sharing the risk of the litigation with you. The level of success fee will depend on the nature and strength of your claim/defence. We will provide a full explanation to you about the level of the success fee prior to entering into the CFA.

If you win, then you can normally expect to recover a substantial part of the standard fees from your opponent. However, your liability to pay the standard fees, is not connected to the costs which you may or may not recover from your opponent. The success fee is not recoverable from your opponent.

It is also important to bear in mind that a CFA only deals with payment of our fees (although in certain circumstances, counsel may also be prepared to act on the basis of a CFA). With most CFAs, you will remain liable to pay the disbursements. You are also at risk of having to pay your opponent's costs, if your case is unsuccessful. It may be possible to cover these costs by purchasing after the event insurance.

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