Conditional Fee Agreement

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Understanding Conditional Fee Agreements (CFAs) in Personal Injury Claims

If you’ve been injured due to another’s negligence and are considering legal action, you’ll likely encounter solicitors offering “no win no fee” services. While this phrase suggests no upfront costs, it’s a simplified explanation of Conditional Fee Agreements (CFAs). To avoid potential confusion, understanding the intricacies of these agreements is crucial.

Conditional Fee Agreements (CFAs): The Legal Term

The legally accurate term for “no win no fee” arrangements is a Conditional Fee Agreement (CFA). A CFA outlines the payment terms for claimants, contingent on the outcome of their case. Before engaging a solicitor, thoroughly review the CFA to understand its terms and conditions.

Payment Structure in Successful Claims

In a successful claim, you’ll typically be responsible for:

  • Basic Solicitor Charges: The solicitor’s standard fees.
  • Disbursements: Out-of-pocket expenses incurred by the solicitor (e.g., court fees, expert witness fees).
  • Success Fees: An additional percentage charged by the solicitor for winning the case.

These costs are generally recoverable from the opposing party. However, always refer to the specific terms of your CFA for accurate calculations. You are typically not required to pay your solicitor until you receive your compensation. You may be required to pay disbursements if you receive interim damages.

Potential Costs in Unsuccessful Claims or Interim Hearings

If you lose an interim hearing but ultimately win your case, you may be liable for the opposing party’s legal costs for that specific hearing.

Key Considerations:

  • Thorough Review: Carefully read and understand the CFA before signing.
  • Cost Transparency: Ensure the CFA clearly outlines all potential costs, including basic charges, disbursements, and success fees.
  • Interim Costs: Understand the potential for incurring costs during interim hearings.
  • Liability for Opponent’s Costs: Be aware of the possibility of paying the opposing party’s legal costs in certain circumstances.
  • Seek legal counsel to gain a full understanding.

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