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

By Stephen Hudson. Last Updated 18th September 2024. 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?

Now that we’ve covered what is a conditional fee agreement, you may like to know your eligibility to make a claim. As we discussed earlier, there are various situations in which you are owed a duty of care. It is when this duty of care is broken, and you suffer injuries as a result, that you might be eligible to claim compensation.

You will need evidence to support your claim. It needs to show that negligence caused your injuries.

Examples of evidence that could be helpful in personal injury claims includes:

  • Accident footage. For example, from CCTV or a mobile phone.
  • Medical records. In addition to your medical records, you might be asked to attend an independent medical exam to assess the extent of your injuries.
  • Photographs of the accident scene. For example, if uneven paving caused you to suffer injuries in a slip, trip and fall, you can submit photographs of this.

One of the advantages of having a solicitor is that they can help you gather this evidence. If you decide to have the support of a No Win No Fee solicitor, they might offer their services under a Conditional Fee Agreement. In the UK, this is one way to have legal representation without paying upfront for your solicitor’s services. However, not all personal injury solicitors offer a conditional fee arrangement in the UK.

If you have any remaining queries around your question, ‘what is a conditional fee agreement?’ our advisors can help answer them. They can also assess the eligibility of your claim for free. If it seems like it could succeed, you could be connected to one of our No Win No Fee solicitors.

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

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