What are CFAs

Question 1

Conditional Fee Agreements are?

Answer 1

1.Introduced by Courts and Legal Services Act 1990:
2. are contingency agreements or ‘no win no fee
3. agreements’ for advocacy and litigation services

Question 2

Section 58(1) of the Courts and Legal Services Act 1990:

Answer 2

A CFA which satisfies all of the conditions applicable to in s58

Any other CFA shall be unenforceable.

Question 3

Section 58(2) of the Courts and Legal Services Act 1990:

Answer 3

An AGREEMENT
with a PERSON
providing ADVOCACY or LITIGATION SERVICES
for FEES and EXPENSES, or part thereof.
TO BE PAID
in SPECIFIED CIRCUMSTANCES

Question 4

Section 58(3) of the Courts and Legal Services Act 1990:

Answer 4

Requires that CFAs must comply with formalities
a) must be in writing.
b) not be for prohibited proceedings family or criminal s58A
c) comply with the requirements set out by the LC

Question 5

Section 58(4) of the Courts and Legal Services Act 1990:

Answer 5

CFA with Success Fee has Additional Conditions to be enforceable
a) relate to proceedings specified by LC
b) state the % by which fees increased,
c) not exceed the & specified by LC
25% PI or 100% other