Types of conditional fee agreements
Types of conditional fee agreements

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

  • Types of conditional fee agreements
  • Abbreviations
  • CFA with success fee—current position
  • CFA with success fee—current position (transitional arrangements)
  • CFA with no success fee under the common law
  • Collective conditional fee agreement
  • CFA Lite
  • Discounted CFAs
  • Speccing agreement
  • CFA Precedents

This Practice Note considers the different types of conditional fee agreements (CFAs),highlighting specific issues relating to each type. Examples are: CFA with success fee, CFA with no success fee, CFA lite, Discounted CFAs and Speccing Agreements.

When considering funding it is important to make sure that the different types of funding are discussed with the client. In Andrews v Beg it was held that a barrister does not have the same duties as a litigation solicitor to advise generally on funding of litigation.

Abbreviations

This Practice Note uses the following abbreviations:

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 Conditional Fee Agreements Order 2013, SI 2013/689

Note there is no longer reference in the CPR to 'base costs'. Base costs were previously defined as any costs other than the amount of any additional liability. Given that under the costs reforms of April 2013 the ability to recover additional liabilities was removed