Conditional fee agreements after 1 April 2013—non-personal injury
Conditional fee agreements after 1 April 2013—non-personal injury

The following Practice Compliance practice note provides comprehensive and up to date legal information covering:

  • Conditional fee agreements after 1 April 2013—non-personal injury
  • Key terms
  • What is a conditional fee agreement?
  • Success fees
  • Requirements for all CFAs
  • Additional requirements for CFAs with a success fee—excluding personal injury
  • Do you need a risk assessment?
  • Recovering the success fee and premium from the opponent
  • Charging your client for any shortfall
  • Cancellation Rights
  • More...

This Practice Note explains how the conditional fee regime operates after 1 April 2013, including:

  1. what a conditional fee agreement (CFA) is

  2. the regulatory requirements when entering into a CFA

  3. when the success fees and insurance premiums are recoverable inter partes

  4. exceptions and transitional provisions

  5. grey areas

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:

  1. Conditional Fee Agreements Order 2013, SI 2013/689

  2. Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 13) Order 2018, SI 2018/1287

  4. 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.

Key terms

CFAconditional fee agreement
CLSA 1990Courts and Legal Services Act 1990
base coststhe amount you charge for the work you do (excluding disbursements and VAT), usually calculated as (1)

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