This note gives an overview of the different questions and issues which can arise in a conditional fee agreement (CFA) that was entered into before 1 April 2013, or before or after that date in the excepted cases. The excepted cases are almost entirely limited nowadays to mesothelioma claims.

The note explains what a CFA is, the requirements for creating a valid CFA, and their effect on assessment of costs. It concludes with a section on the implications of CFAs for law firms, their clients and other parties, and a troubleshooting section.

In the case of a CFA 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 such CFAs, see Practice note, Conditional fee agreements entered into from 1 April 2013: an overview.