This is an example of a discounted conditional fee agreement (CFA), so called because it allows for a discounted hourly rate so that only part of the law firm's fees are conditional. It could serve as a useful starting point when drafting a CFA to be used in the remaining excepted cases: namely, mesothelioma claims.

It will, however, need to be tailored to your particular circumstances and needs. This CFA should be read in conjunction with the integrated drafting notes.

On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, CFA success fees are no longer recoverable from the other side where the CFA is entered into on or after 1 April 2013, save in the excepted cases (see Practice note, Conditional fee agreements entered into from 1 April 2013: an overview).

This example CFA may be used in the excepted cases. The excepted cases used to include insolvency-related proceedings, but only where the CFA was entered into before 6 April 2016 and publication and privacy proceedings, but only where the CFA was entered into before 6 April 2019. For an example CFA which may be used in all other cases (where the success fee may not be recovered from the other side), see Standard document, Discounted conditional fee agreement: an example.