Conditional Fee Agreements (CFA)

A Conditional Fee Agreement (CFA), also known as a ‘No Win, No Fee’ agreement, is a contract that typically provides for our legal fees to be paid only if you are successful in your claim and receive compensation. This written agreement is legally binding and will contain a full, detailed explanation of all the terms.

Before we agree to work on a CFA basis, we will carefully assess the viability and merits of your case. This assessment helps us determine the likelihood of success and usually takes up to 2 weeks. There may be a fee for this initial assessment.

Your Responsibilities Under a CFA

Under a 'No Win, No Fee' agreement, we work as a partnership. For the agreement to remain valid, you must uphold your responsibilities, which include:

  • Providing us with clear, honest, and reasonable instructions.
  • Not deliberately misleading us or any experts with false information.
  • Not instructing other legal representatives for the same claim.
  • Following our reasonable advice regarding your claim.
  • Not settling your claim directly with your opponent.
  • Authorising us to disclose all relevant information about your claim to the court or others when necessary.
  • Cooperating with us in recovering legal costs from your opponent if you are successful.

What Happens If You Lose?

If your case is unsuccessful, you will not have to pay our legal fees, as long as you have complied with your responsibilities.

You may be liable for some or all of your opponent’s costs. However, you will normally have the benefit of Qualified One-Way Cost Shifting (QOCS), which means the court will not typically enforce a costs order against you unless:

 

    • Your case has been struck out by the court.
    • The court determines that your claim is fundamentally dishonest.
    • Your claim includes a financial benefit for someone else.