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CFAs

Hardwicke’s injury barristers embraced CFA’s as a fee structure from the moment they were introduced. Now our commercial, employment, insurance and property practitioners are also experienced in using them in appropriate cases.

Conditional fee agreements are often referred to as “No win, No fee” arrangements.

When to use them

If your case has a good prospect of success a CFA may be an option. If your solicitor is working for you under a CFA it is likely our barristers will be willing to do so as well.

Under a CFA your barrister agrees a basic hourly or daily rate and a % percentage uplift (up to 100%) on that basic fee. If you and your barrister are ultimately successful the other side pay your barrister’s basic fee and % percentage uplift on that sum. If you and your barrister are not successful your barrister does not get paid.

You will need to take out an insurance policy to cover your liability to the other side in the event they win. Essentially CFAs allow you to proceed with a claim although you are not in a position to fund the litigation.

More sophisticated arrangements can be made where the case is complex, involves substantial quantities of work or has risk factors that mean a straightforward CFA is not appropriate. Hybrid arrangements may involve a payment of part of the barrister’s basic fee with the balance, andwith an uplift on the balance, being payable on success only.

How we will decide

Each individual barrister must makes their own decision whether to enter into a particular CFA. The barrister concerned will consider the merits of a case including the legal, evidential and practical risks involved and decide whether they are willing to act.

Sometimes the merits of the case will be considered informally by two Hardwicke barristers so that we can give a more comprehensive commitment to deal with the case on the basis of CFAs in the event the original barrister is not free to do every piece of work required for the case.

Contacts

If you want more information about possible fee arrangements please contact the Practice Management Team.

 

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