Conditional Fee Agreement (CFA)
A Conditional Fee Agreement is a funding arrangement with Weightmans which postpones payment of your legal costs to the firm. You will remain liable to pay disbursements regardless of the outcome. Under a Conditional Fee Agreement Weightmans will agree that you will only be liable for payment of your legal costs to the firm, based on a factor of time and standard hourly rates, if your claim is successful. In those circumstances, in addition to Weightmans standard fees, a success fee will be payable which will be an agreed percentage uplift on those standard fees. The definition of success will be determined and agreed with you at the outset of the retainer so that it is clear when you will be liable for payment of any legal costs to us.
If the Court determines that the standard cost rules should apply a proportion of your legal costs and disbursements will be recoverable from your opponent in the usual way. Following changes to legislation on funding in 2014, it is no longer possible to recover a success fee from your opponent where your claim is successful. You will, however, be responsible for payment of your success fee to Weightmans.
If you lose the case you will be liable to pay your opponents costs as ordered by the court but will only be required to pay to Weightmans any expenses such as counsel, expert and Court fees.
A full Conditional Fee Agreement will only be possible in circumstances where your claim has good prospects of success and so it will be necessary for us to conduct a full merits review with you at the outset. We are happy to undertake a merits review on a fixed fee basis.
For more information contact the key contacts detailed here.