Conditional fee agreements entered into from 1 April 2013: an overview
This note gives an overview of the different questions and issues which can arise when considering entering into a conditional fee agreement (CFA). It applies to CFAs entered into on or after 1 April 2013, with a few exceptions (the excepted cases). It explains what a CFA is and the requirements for creating a valid CFA. It concludes with a section on the implications of CFAs for law firms, their clients and other parties, and a troubleshooting section.
Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases.
For an overview of CFAs entered into before 1 April 2013 and in relation to the excepted cases, see Practice note, Conditional fee agreements entered into before 1 April 2013 and in the excepted cases: an overview.