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What Is A Conditional Fee Agreement And What Does It Cover?

By Stephen Hudson. Last Updated 7th January 2025. Welcome to our guide, which aims to explore the question: what is a Conditional Fee Agreement (CFA)? We understand how overwhelming it can be when you’re in an accident that causes you harm. It can be especially frustrating when the accident resulted in injuries from someone breaching their duty of care to you.

If you’ve experienced this and want to make a claim and seek legal representation without paying upfront solicitor fees, our guide could help. We’ll look at how a CFA might benefit you in regards to funding the services of a solicitor.

Whether you’ve been in an accident at work, suffered a slip, trip or fall in a public place or been in a road traffic accident, if you were owed a duty of care and someone else caused you injury, you may have grounds to seek compensation.

Additionally, our guide will look at the compensation you could be entitled to and how a solicitor may value your claim. For instance, we look at the evidence you may need to obtain to support your claim.

However, we understand that it’s a complex topic, so if you have any questions after reading, our advisors can help. They’re available 24/7 to provide you with free legal advice and answer any questions you may have.

Get in touch using the details below:

  • Call us on 0800 073 8804
  • Speak to an advisor at your earliest convenience using the live chat feature below
  • Fill out the contact form to request a callback at a time best for you

a solicitor and client shaking hands after signing a conditional fee agreement (CFA)

Select A Section

  1. What Is A Conditional Fee Agreement (CFA)?
  2. How Do Conditional Fee Agreements Work?
  3. How Much Do Solicitors Charge Under A Conditional Fee Agreement?
  4. Are Conditional Fee Agreements Free?
  5. What Changes Have Been Made To No Win No Fee Claims?
  6. Am I Eligible To Claim Compensation Under A Conditional Fee Arrangement?
  7. Essential References

What Is A Conditional Fee Agreement (CFA)?

A Conditional Fee Agreement (CFA) is a type of No Win No Fee agreement. For a personal injury claim, such a contract agreement can be made between the claimant and a solicitor who offers to support the case. A CFA allows you to access the services of a solicitor without incurring upfront or ongoing fees.

If you agree to claim with the help of a solicitor under a CFA, you usually only need to pay for that solicitor’s services if your case is successful. This payment is known as a success fee. It involves the solicitor subtracting a small and legally capped percentage of the compensation awarded. The percentage taken should reflect the amount of work that the solicitor contributed to the case.

When you have valid grounds to claim under a CFA with a legal representative, you and the chosen solicitor can discuss the details of your case and how payment works before you sign the contract agreement.

If you want to learn more about what is a Conditional Fee Agreement and how such an arrangement works, please read on or contact our advisors for free today.

How Do Conditional Fee Agreements Work?

You may be asking “what is a Conditional Fee Agreement and how does it work?” A CFA may be offered to you by a solicitor if they feel confident that your case will conclude in your favour. If the case does prove successful, you’ll pay a legally capped success fee that your solicitor deducts from your compensation. This specific fee does not apply if the claim proves unsuccessful.

Also, before your solicitor takes on your claim under a CFA agreement, they may carry out an assessment on how likely it is to be successful. That’s because if it fails, the defendant may ask you to pay certain legal costs. However, a solicitor can assess the chance of this happening and advise on any insurance policy you can take to protect you from these costs.

For more information about the process of claiming under a Conditional Fee Agreement, please read on or get in touch with our advisors today.

How Much Do Solicitors Charge Under A Conditional Fee Agreement?

The amount that solicitors can charge is subject to a legally binding cap at 25% of the compensation awarded by The Conditional Fee Agreements Order 2013. What this means is, that when you make your claim with us under a Conditional Fee Agreement (CFA), the solicitor will deduct a maximum of 25% from your compensation as their success fee.

However, while the success fee is capped, other fees, such as costs related to getting an independent medical assessment, may apply during your claim. All these costs will be explained to you clearly and upfront before the claim begins.

You can get more details on claiming on a No Win No Fee basis by reading the next sections. You can also ask our advisors any questions you may have. The team are available 24 hours a day via the contact information provided below.

Are Conditional Fee Agreements Free?

CFAs can be beneficial for those apprehensive about seeking legal representation due to the costs normally associated.

For instance, you can avoid upfront solicitor costs or solicitor costs that may incur during the course of your claim. Additionally, you won’t be asked to pay solicitor fees if the claim fails.

However, there may be other costs that your solicitor will inform you of before making your claim.

The following sections will look into this in more detail. Alternatively, you can get in touch with our advisors for further details.

A close-up shot of a contract and a pen on a desk

What Changes Have Been Made To No Win No Fee Claims?

Two important pieces of legislation in the early 2010s changed how No Win No Fee agreements worked. Previously, the defendant had to pay the success fee earned by the claimant’s solicitor if the claim was successful. However, Section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ended this arrangement.

Now, the success fee is collected from the compensation awarded to the claimant. This ensures the solicitor receives a fee for their work in winning a case while also meaning that their client does not have to pay the fee out of their own pocket, as the solicitor’s fee can be subtracted straight from the compensation.

The Conditional Fee Agreements Order, which was passed the following year, determined how a Conditional Fee Agreement works. This makes the CFA an agreement where the solicitor can only take up to a certain small percentage of the compensation award.

If you have any questions, like ‘What is a Conditional Fee Agreement?’ or ‘How much of my compensation would a solicitor take?’ you can call us now for free guidance.

Am I Eligible To Claim Compensation Under A Conditional Fee Arrangement?

To find out if you are eligible to claim compensation for injuries, you can reach out to our advisors. Having answered the question, “What is a Conditional Fee Agreement?” we’re going to look at how to prove liability in your claim. This is done through the provision of evidence.

We have given some examples of evidence you could use below:

  • The first thing we recommend following any accident, even if your injuries seem minor, is to seek professional medical attention. While your health is our main concern, the records of this treatment, such as copies of any scans or test results are very useful for showing the extent of your injuries.
  • If available, you have the right to request CCTV footage of yourself. You can also acquire footage from dash cams devices for a road traffic collision.
  • You can also photograph your injuries, the scene of the accident and what caused it.
  • For an accident at work, take a copy of your incident report from the workplace accident book.
  • You can also get copies of other workplace documents such as maintenance or training records.
  • Anyone who saw the accident take place could provide a witness statement. Make sure you have their contact details so their statement can be taken at a later date.

One of the many advantages of working with one of our dedicated No Win No Fee solicitors is that they can help you collect evidence. To learn more about how you can benefit from claiming under a CFA legal contract and for a free assessment of your eligibility, contact our advisors today using the contact information below.

Contact Us Today

We expect that you may still have questions after reading our guide. Alternatively, you may be ready to put forward your claim. Either way, our advisors are available to help you.

So, why not get in touch on the details below?:

  • Call us on 0800 073 8804
  • Speak to an advisor at your earliest convenience using the live chat feature below
  • Fill out the contact form to request a callback

Essential References

Other Useful Compensation Guides