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 for personal injury and clinical negligence matters including:
what a CFA is
the regulatory requirements when entering into a CFA
when success fees and insurance premiums are recoverable inter partes
exceptions and transitional provisions
A separate Practice Note covers CFAs in non-personal injury matters: Conditional fee agreements after 1 April 2013—non-personal injury.
The regime is the product of ss 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amend section 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 (CFA Order 2013)
Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739
relevant requirements in the SRA Code of Conduct 2011
Success fee and costs insurance premium cannot be recovered from your client's opponent, although this is subject to transitional provisions and there are limited exceptions which are explained below.
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