The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains how the conditional fee regime operates after 1 April 2013, including:
what a conditional fee agreement (CFA) is
the regulatory requirements when entering into a CFA
when the success fees and insurance premiums are recoverable inter partes
exceptions and transitional provisions
A separate Practice Note covers CFAs in personal injury and clinical negligence matters: Conditional fee agreements after 1 April 2013 (personal injury and clinical negligence).
The CFA regime is the product of ss 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amend s 58 of the Courts and Legal Services Act 1990 (CLSA 1990). There are no Conditional Fee Regulations, but CLSA 1990, s 58 should be read in conjunction with:
Conditional Fee Agreements Order 2013, SI 2013/689
Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 13) Order 2018, SI 2018/1287
relevant requirements in the SRA’s regulatory regime
Success fee and costs insurance premium cannot be recovered from your client's opponent, although this is subject to transitional provisions in insolvency and privacy proceedings.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234