Conditional fee agreements—definition and requirements
Conditional fee agreements—definition and requirements

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Conditional fee agreements—definition and requirements
  • Abbreviations
  • What is a CFA?
  • Requirements for a CFA
  • Failure to comply with requirements
  • Information which can be included but which is not required
  • Can a CFA be a contentious business agreement?
  • Multiple CFAs
  • Instructions to cancel a CFA
  • Termination of a CFA
  • more

If dealing with personal injury cases, see: PI developments—overview.

For information on discussions to be had with your client about methods of funding, see Practice Note: Information on costs—new clients 2011 [Archived].

Abbreviations

This Practice Note uses the following abbreviations:

ATE insurance After the event insurance
CFA Conditional fee agreement
CLSA 1990 Courts and Legal Services Act 1990
AJA 1999 Access to Justice Act 1999
CFA order, SI 2000/823 Conditional Fee Agreements Order 2000, SI 2000/823
CFA order, SI 2013/689 Conditional Fee Agreements Order, SI 2013/689

What is a CFA?

A CFA is defined as:

‘An agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and

A conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances’

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