CFA & DBA

CFA & DBA

This subtopic explains how the conditional fee agreement (CFA) and damages-based agreement (DBA) regimes operate after 1 April 2013.

CFAs

The CFA regime is the product of sections 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which amend section 58 of the Courts and Legal Services Act 1990 (CLSA 1990). There are no Conditional Fee Regulations, but CLSA 1990, s 58 should be read in conjunction with:

•
Conditional Fee Agreements Order 2013, SI 2013/689
•
Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739
•
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 13) Order 2018, SI 2018/1287

A CFA is not the same as a DBA. Under a CFA, the amount you charge your client for your own fees varies depending on the outcome of their matter. Under a DBA, if the client is successful, you charge a straight percentage of any damages recovered, regardless of what your fees are.

A CFA is:

•
an agreement with a person providing advocacy or litigation services (ie your firm)
•
that

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