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Conditional Fee Agreements (CFAs)

England & WalesLast reviewed 2 August 2026

A Conditional Fee Agreement is the legal mechanism behind "no win no fee" in England and Wales. Your solicitor's professional fees are conditional on winning your case. If you lose, you pay no solicitor fees. If you win, the solicitor charges base costs plus a success fee capped at 100% of those costs, with a separate 25% limit on what may be taken from damages for personal injury.

How Do CFAs Work?

Direct Answer: A Conditional Fee Agreement (CFA) is the formal name for a no win no fee arrangement in England and Wales. The solicitor charges nothing if the case loses. If it wins, they recover their base costs plus a success fee, which cannot exceed 100% of those base costs. Separately, in a personal injury claim no more than 25% of (a) general damages for pain, suffering and loss of amenity and (b) damages for past pecuniary loss — but not damages for future pecuniary loss, and after deducting any benefits recoverable by the Compensation Recovery Unit. That cap applies to proceedings at first instance (Conditional Fee Agreements Order 2013, arts. 4-5).

A CFA is a written agreement between you and your solicitor under which the solicitor agrees to act on the basis that their professional fees are payable only if the case succeeds. The statutory authority is section 58 of the Courts and Legal Services Act 1990, as amended by LASPO 2012.

The agreement must specify the success fee — a percentage uplift on the solicitor's normal base costs. This uplift compensates the solicitor for the risk of not being paid if the case fails. The success fee can be up to 100% of base costs, but for personal injury claims it is capped at 25% of general damages and past losses.

The CFA must clearly define what constitutes a "win." In most personal injury cases, this means recovery of damages — whether by settlement, judgment, or interim payment. The definition of success should be agreed in writing before work begins.

Pre-LASPO vs Post-LASPO CFAs

Pre-April 2013 (pre-LASPO): Success fees and ATE insurance premiums were recoverable from the losing defendant as part of inter partes costs. This meant the claimant's damages were not reduced by these charges.

Post-April 2013 (post-LASPO): Success fees are no longer recoverable from the defendant. They are deducted from the claimant's damages, subject to the 25% cap. This fundamental shift was recommended by Sir Rupert Jackson's Review of Civil Litigation Costs (2010) to rebalance the costs regime.

What Your CFA Must Contain

Under the Conditional Fee Agreements Order 2013 and SRA Code of Conduct 2019, a compliant CFA must:

  • Be in writing and signed by both solicitor and client
  • State the success fee percentage
  • Define what constitutes "success" (a "win")
  • Explain the circumstances in which the client may be liable for costs
  • Set out the client's right to have costs assessed by the court
  • Explain the effect of the CFA on the client's damages
  • State whether the solicitor will deduct the success fee before or after costs and disbursements

Success Fee Calculation

The success fee reflects the solicitor's assessment of risk. A straightforward road traffic accident with clear liability might attract a lower success fee (e.g., 25%), while a complex clinical negligence case with disputed causation might justify a higher percentage (up to 100%).

Example: If a solicitor's base costs are £5,000 and the agreed success fee is 50%, the total solicitor fees on success would be £7,500 (£5,000 + £2,500 success fee). However, the success fee element is capped: if the claimant recovers £8,000 in general damages and past losses, the maximum success fee payable is £2,000 (25% of £8,000).

The cap applies only to the success fee, not to the solicitor's base costs, which are assessed separately and typically recovered from the defendant through inter partes costs.

Types of Cases Suitable for CFAs

CFAs are most commonly used in personal injury, clinical negligence, employment disputes, housing disrepair, and some commercial litigation. They are not suitable for all case types — solicitors will assess the merits, likely value, and prospects of success before offering a CFA. Cases with less than a 50% prospect of success are unlikely to be taken on a CFA basis.

Frequently Asked Questions

What is a Conditional Fee Agreement (CFA)?

A CFA is a legally binding contract between a client and a solicitor under which the solicitor's fees depend on the outcome. If the case fails, the client pays no solicitor fees. If it succeeds, the solicitor charges base costs plus a success fee — an uplift of up to 100% of those base costs. Separately, in a personal injury claim, no more than 25% of (a) general damages for pain, suffering and loss of amenity and (b) damages for past pecuniary loss — but not damages for future pecuniary loss, and after deducting any benefits recoverable by the Compensation Recovery Unit. That cap applies to proceedings at first instance.

What legislation governs CFAs?

CFAs are governed by the Courts and Legal Services Act 1990 (s 58), the Conditional Fee Agreements Order 2013, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The Solicitors Regulation Authority (SRA) Code of Conduct 2019 also sets professional standards for CFA usage.

What is the success fee and how is it calculated?

The success fee is a percentage uplift on the solicitor's base costs, reflecting the risk taken, and cannot exceed 100% of those base costs (Conditional Fee Agreements Order 2013, art. 4). A separate cap under art. 5 limits what may be taken from your damages in a personal injury claim to 25% of (a) general damages for pain, suffering and loss of amenity and (b) damages for past pecuniary loss — but not damages for future pecuniary loss, and after deducting any benefits recoverable by the Compensation Recovery Unit. That cap applies to proceedings at first instance.

Can the success fee exceed 25% of my damages?

Not in a personal injury claim in England and Wales. Article 5 of the Conditional Fee Agreements Order 2013 limits the amount that may be taken from your damages to 25% of (a) general damages for pain, suffering and loss of amenity and (b) damages for past pecuniary loss — but not damages for future pecuniary loss, and after deducting any benefits recoverable by the Compensation Recovery Unit. That cap applies to proceedings at first instance. The cap was introduced alongside the LASPO 2012 reforms, which ended recovery of success fees from the losing party and so moved that cost onto the claimant.

What happens if my CFA is not compliant with the regulations?

If a CFA does not comply with s 58 of the Courts and Legal Services Act 1990, it is unenforceable. The solicitor cannot recover their fees from either the client or the opponent. However, minor non-compliance may not invalidate the agreement if the court exercises its discretion under CPR 44.

Can I switch solicitors if I have a CFA?

Yes. You have the right to terminate a CFA and instruct a new solicitor at any time. However, the original solicitor may have a lien over the file for their costs to date. The new solicitor will typically enter into a fresh CFA with you.

You May Also Be Interested In

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. SRA Standards and Regulations

    Conduct rules for solicitors in England and Wales, including costs transparency.

  5. Compensation Recovery Unit (DWP)

    Recoverable benefits deducted before the success fee cap is applied.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.