CFAs

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This subtopic provides guidance on conditional fee agreements for general litigation. It does not cover specialist areas, such as personal injury, insolvency or privacy proceedings.

The CFA regime is the product of sections 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amends section 58 of the Courts and Legal Services Act 1990 (CLSA 1990). There are no Conditional Fee Regulations.

As a general rule, success fee and costs insurance premium cannot be recovered from your client's opponent, although this is subject to transitional provisions in insolvency and privacy proceedings and there are some exceptions for certain types of personal injury claims. This is outside the scope of this subtopic.

A CFA is not the

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