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What Is A Conditional Fee Agreement?

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Welcome to our guide, where we answer everything you need to know about what a Conditional Fee Agreement (CFA) is. 

Our solicitors handle numerous types of claims, including personal injury, medical negligence, data breach, and criminal injury. Compensation claims are made when a liable party breaches their duty of care, which leads to someone getting injured or harmed.

If you have an eligible compensation claim, you may want to seek legal representation to help you through the claims process, especially if you have never claimed compensation before. 

When seeking legal representation, there are different funding arrangements that can be made between you and your solicitor. A popular choice is a Conditional Fee Agreement, which is the arrangement our solicitors offer. This type of arrangement takes away the stress that comes with covering the costs of a solicitor, meaning anyone can seek legal representation no matter their financial situation. 

Key Points On Conditional Fee Agreements

  • A CFA is a type of No Win No Fee agreement.
  • All the solicitors we connect you with work on this basis. 
  • With a CFA in place, you can get access to excellent legal representation with no upfront fees.
  • Should your claim lose, under the CFA, you pay no fees to your solicitor.
  • A success fee may be deducted from your compensation if your claim is successful.

Please continue reading to learn more about Conditional Fee Agreements and how one of our solicitors could potentially help you today. Additionally, if you believe you have an eligible compensation claim, please contact us and talk to an advisor. You can do this absolutely free of charge, and at any time that suits you:

A solicitor sat on a desk with a gavel and set of judgement scales pointing at a conditional fee agreement for a client to sign.

Jump To A Section 

  1. What Is A Conditional Fee Agreement?
  2. Do Conditional Fee Agreements Cover Barrister’s Fees?
  3. What Is A Success Fee?
  4. How Much Do I Need To Pay Under A CFA If My Claim Fails?
  5. What Are The Advantages Of A Conditional Fee Agreement?
  6. Can Advice Help Me?
  7. Learn More

What Is A Conditional Fee Agreement?

A Conditional Fee Agreement is a type of No Win No Fee funding arrangement made between a client and their solicitor. If you are offered a CFA by a solicitor, this means that you do not pay anything for your solicitor’s services:

  • Upfront, before the claims process begins. 
  • During the entire claims process. 
  • If your claim doesn’t win. 

Even if your claim is successful, you still don’t pay for your solicitor’s services directly from your pocket. Instead, your solicitor can take a ‘success fee’ out of your compensation. We discuss success fees in more detail further down this guide. 

What Is A Damages-Based Agreement?

A Damages-Based Agreement (DBA), similarly to a CFA, is another No Win No Fee type of agreement. 

The main difference between a CFA and a DBA is that with a DBA, you and your solicitor will agree before the claims process begins on what counts as a successful claim. For example, you may agree that £5,000 in compensation is considered a success. This is known as a specified financial benefit. If you are awarded compensation but it doesn’t reach this set amount, then a success fee still won’t be taken. Unlike with a CFA, where when a claim is successful, a success fee will be taken regardless of how much compensation is awarded.

Do Conditional Fee Agreements Cover Barrister’s Fees?

Depending on the terms of the CFA will determine if you need to pay separately for your barrister. Very often, barristers will work for the law firm on a No Win No Fee basis. So again, you don’t need to worry about upfront fees.

However, most cases usually don’t go to court and are settled before this point.

What Is A Success Fee?

A success fee is a small percentage of your compensation that your solicitor can take if your case succeeds. By law, there is a cap on this success fee at 25%. This is in place to protect the client and ensure that the majority (at least 75%) of the compensation amount goes to them.

Who Pays The Success Fee?

The success fee is payable as a percentage of your compensation award.

If your claim is successful, the defendant, or likely their insurer, will pay the compensation. The success fee is then taken from this.

How Much Do I Need To Pay Under A CFA If My Claim Fails?

You won’t pay for your solicitor’s services under a CFA if your claim fails. However, you may have to pay the defendant’s fees. As previously mentioned, all of the possible additional costs that aren’t covered under a CFA will be discussed with you clearly before the claims process begins. 

To cover these potential costs, you could take out insurance as a precaution. You may already have Before The Event Insurance (BTE) from your home insurance policy. If you don’t, you could take After The Event Insurance (ATE). ATE can cover you if you are requested to pay the defendant’s fees. 

What Are The Advantages Of A Conditional Fee Agreement?

Anyone can benefit from a Conditional Fee Agreement because there are no upfront and ongoing solicitor fees. This takes away the stress of covering the costs for a solicitor after suffering negligence. No Win No Fee means that anyone of any financial circumstance can receive legal help.

Additionally, our solicitors do not take on any claims if they don ‘t feel like they have a strong chance of winning. So, if you are connected with them, they will be confident that they can win your case (although this obviously isn’t guaranteed).

Can Advice Help Me?

Yes, we can. If you are eligible to make a compensation claim for either clinical negligence, a personal injury, a data breach, or a criminal injury, then you could receive the benefits from our solicitors’ services.

Here are some of the things that are included in their services:

  • Collecting all evidence that proves negligence occurred.
  • Corresponding with the defendant’s team on your behalf. 
  • Ensuring the compensation is fairly and accurately valued. 
  • Explaining legal jargon. 
  • Keeping you updated regularly. 
  • Finding legal representation for you if the case must go to court. 

Receiving these services under a Conditional Fee Agreement is just an additional plus if you choose to work with Advice. 

Contact Our Team Today

All of the above services can make the claims process a lot simpler and easier for you. So, please get in touch with us about your circumstance if you believe you may be entitled to compensation. Our team can answer any of your queries for free:

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Learn More

Here are some of our compensation claims guides:

Alternatively, these pages might give you some useful information:

  • NHS – check out the NHS website for any medical advice.
  • Royal Society for the Prevention of Accidents (RoSPA) – a charity that works to prevent accidents from happening.
  • Gov.UK – an overview on how to claim Statutory Sick Pay (SSP) if you’ve had to take time off work due to an injury or illness.

Thank you for reading our guide on what a Conditional Fee Agreement is. If you have any questions at all, simply get in touch with us today.

Meet the Team

  • Gemma Shields Specialist in RTAC

    Chartered Legal Executive | Road Traffic Accident Claims Specialist

    Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

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