Q&As

Circumstances have changed since I entered into a CFA—do I need to do anything?

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Published on LexisPSL on 28/11/2013

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Circumstances have changed since I entered into a CFA—do I need to do anything?
  • CFAs entered into from 1 April 2013 onwards
  • CFAs entered into before 1 April 2013

Circumstances have changed since I entered into a CFA—do I need to do anything?

Whether you need to do anything will depend on the date you entered into the conditional fee agreement (CFA).

CFAs entered into from 1 April 2013 onwards

If you entered into the CFA on or after 1 April 2013 there are no longer any provisions within the CPR in relation to funding arrangements. There is therefore no requirement to inform the court, or the other side, about whether information within the CFA is accurate as you are no longer able to recover success fees from the other side.

Exception: if the CFA relates to a claim dealing with either insolvency or privacy and publication disputes the new provisions have yet to take effect. In such cases the old (pre-1 April 2013) rules will continue to apply.

CFAs entered into before 1 April 2013

If you entered into a 'pre-commencement funding arrangement', as defined in CPR 48.2, the provisions in CPR 43–48 relating to funding arrangements will continue to apply even though they were revoked on 1 April 2013. For ease of reference we have

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