The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded by the use of a conditional fee agreements (CFA).
This Practice Note considers what is meant by the term success fee and whether such fees are recoverable. It considers what constitutes a 'success' to trigger payment of the success fee as well as requirements to be satisfied if including a success fee in a CFA, what is an appropriate success fee percentage, appeals against decisions in respect of success fee percentages and whether the success fee under the funding agreement is payable by the other side as costs as well as the transitional arrangements or exceptions which apply post 1 April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012).
For further guidance on dealing with CFAs, see Practice Notes:
Conditional fee agreements—definition and requirements
Types of conditional fee agreements
Conditional fee agreements—switching from legal aid to CFA
Conditional fee agreements—assignment of a CFA
A CFA is an agreement between a client and solicitor which provides that the solicitor’s' costs (or part of them) will only be payable in specified circumstances (usually, if the client is successful). Generally, any disbursements will be payable in any event. ‘No
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