Funding the pursuit of a negligence claim

Conditional Fee Agreement (“CFA”)

One way of funding a claim is by using a ‘conditional fee agreement’ or ‘CFA’. The most common form of conditional fee agreement is more generally known as a ‘no win, no fee’ agreement.

In short, a CFA is an agreement with your advisor which provides that your advisor‘s ability to charge is inn some way conditional upon securing a ‘success’ for you. There are different variations is use but in a typical agreement, only if the case is ‘won’ would there be any charge by the advisor. As and when the case is ‘won’, the charge made will be by reference to the time spent on the claim, on an hourly rate basis, but normally with an additional element of ‘success fee’. The ‘success fee’ is basically win bonus. The amount of the success fee is regulated to make sure it is not excessive.

As stated above, at least some if not all of the costs incurred can often be recovered from an opponent as part of any successful claim.