Conditional Fee Agreement – also known as a “no win, no fee” agreement: a form of litigation funding whereby the fees charged by the claimant’s lawyers are only payable if the action succeeds. In some circumstances, these may be recoverable as costs from the losing party.

Most solicitors entering into a CFA will also charge a success fee or uplift payment, normally expressed as a percentage of the fee amount, which is payable by the client out of the damages awarded in the action. The percentage uplift must not exceed 100% of ordinary fees. In most cases the success fee, unlike ordinary fees, cannot be recovered from the losing party as costs.

Updated 11 September 2019