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Conditional Fee Agreement for the United Kingdom

Conditional Fee Agreement Template for England and Wales

A Conditional Fee Agreement (CFA) is a legally binding contract under English and Welsh law that establishes a 'no win, no fee' arrangement between a legal service provider and their client. The agreement specifies that legal fees will only be payable upon successful conclusion of the case, often including a success fee calculated as a percentage of the base costs. The document must comply with specific regulatory requirements under the Courts and Legal Services Act 1990 and subsequent legislation, including clear specifications of success criteria and fee calculations.

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What is a Conditional Fee Agreement?

Conditional Fee Agreements were introduced to improve access to justice by allowing clients to pursue legal claims without upfront costs. These agreements, governed by English and Welsh law, specify that legal fees are only payable if the case succeeds, with provisions for a success fee to compensate for the risk taken by the legal service provider. A CFA must clearly define success criteria, payment terms, and termination provisions, while complying with regulatory requirements including caps on success fees and mandatory client care information. The agreement is particularly useful in civil litigation, personal injury cases, and commercial disputes where clients may not have the means to fund litigation traditionally.

What sections should be included in a Conditional Fee Agreement?

1. Parties: Identification of the solicitor/firm and the client

2. Background: Nature of the legal matter and why a CFA is being entered into

3. Definitions: Key terms including 'success', 'win', 'lose', and 'proceedings'

4. Scope of Work: Detailed description of legal services covered by the agreement

5. Success Criteria: Clear definition of what constitutes 'success' in the matter

6. Payment Terms: Base costs, success fee calculation, and payment conditions

7. Termination: Circumstances and consequences of early termination

What sections are optional to include in a Conditional Fee Agreement?

1. Insurance Arrangements: Details of ATE insurance arrangements, only included when client needs after-the-event insurance coverage

2. Counsel's Fees: Arrangements for barrister fees, included when counsel will be instructed

3. Third Party Funding: Details of any third-party funding arrangements, included when external funding is involved

What schedules should be included in a Conditional Fee Agreement?

1. Schedule of Base Costs: Detailed breakdown of hourly rates and estimated costs

2. Risk Assessment: Analysis justifying the success fee percentage

3. Client Care Information: Standard regulatory information and complaints procedure

4. Cancellation Rights: Details of cancellation rights for agreements made off-premises or at distance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use

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