Conditional Fee Agreement (CFA)
In certain instances, we may be able to work with you on a standard Conditional Fee Agreement (CFA) or a Discounted Rate Conditional Fee Agreement (DCFA) basis. These are also referred to as a “No Win, No Fee” (CFA) or a “No Win, Lower Fee” (DCFA) agreement. The benefits of these type of agreements are that we share the litigation risk with you and help you fund the litigation. In return, a premium (known as a success fee) is payable in addition to our standard fees, if the claim succeeds or we are successful on an interim hearing. If the claim is unsuccessful, as long as you have complied with your obligations or the agreement was terminated by you or us, you pay disbursements and either a reduced amount when on a DCFA agreement or nothing if on a CFA agreement, for our time.
Very often, these agreements are also supported by Legal Expenses Insurance, which means if you are unsuccessful in your claim, the other side’s costs are covered. Since April 2013, Success Fees are payable by the client and not by the other side, even if you win your case. There are several criteria that are used to decide if a CFA is appropriate to use to fund a case and it is a matter for the solicitor to decide on a case by case basis. CFA’s are not available for Family or Civil Disputes work, they are more generally available on Personal Injury cases. Please speak to us about whether your case is appropriate for a CFA/DCFA.