Types of conditional fee agreements

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Published by a LexisNexis Dispute Resolution expert
Practice notes

Types of conditional fee agreements

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note considers the different types of conditional fee agreements (CFAs), highlighting specific issues relating to each type. Examples include: CFA with success fee, CFA with no success fee, CFA lite and discounted CFAs.

For detailed guidance on the definitions and requirements of CFAs, see Practice Note: Conditional fee agreements—definition and requirements.

For detailed guidance on the recoverability of success fees under CFAs see Practice Note: Conditional fee agreements—success fees.

Duty to advise on funding

When considering litigation it is important to make sure that the different types of funding are discussed with the client. In Andrews v Beg it was held that a solicitor is generally obliged to discuss with a client how the litigation is to be funded.

However, a barrister owes no such duty to advise on funding, unless specifically instructed to advise on the point (Andrews v Beg).

Types of CFA — overview

There are many different kinds of conditional fee agreement (CFA). The principal division is between:

  1. •

    CFA with success fee

  1. •

    CFA without success fee

These

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United Kingdom
Related legal acts:
Key definition:
Conditional fee agreement definition
What does Conditional fee agreement mean?

An agreement between legal representatives and a party that costs will only be payable in the event that a claim succeeds.

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