A Conditional Fee Agreement (CFA) is the legal term for a no win no fee arrangement in England and Wales. Your solicitor agrees to act on the basis that their fees are conditional on the outcome of your case.

What is the difference between a CFA and a DBA?

A CFA charges base costs plus a success fee if the case is won. A DBA charges a percentage of the damages recovered — similar to a US contingency fee. DBAs are less commonly used in practice.

Qualified One-Way Costs Shifting protects personal injury claimants from paying the defendant's legal costs if the claim fails, unless the claim is struck out or found to be fundamentally dishonest.

What are disbursements?

Disbursements are out-of-pocket expenses incurred by your solicitor on your behalf, such as court fees, medical report fees, and expert witness fees. They are separate from the solicitor's professional fees.

What is the limitation period in the UK?

For personal injury claims, the limitation period is generally 3 years from the date of injury or date of knowledge. The court has discretion under s.33 of the Limitation Act 1980 to extend this period in appropriate cases.

UK Legal Glossary

A comprehensive glossary of legal terms commonly encountered in no win no fee cases, personal injury litigation, and civil law in England and Wales. All terms are explained in plain English.

55 terms

After-the-Event Insurance (ATE): An insurance policy taken out after a legal dispute has arisen, covering the policyholder's potential liability for the opponent's costs and/or their own disbursements if the case is lost. ATE premiums are no longer recoverable from the losing defendant following LASPO 2012.
Base Costs: The solicitor's standard professional charges for the work done on a case, before any success fee is applied. Base costs are assessed by reference to the complexity, time spent, and value of the case.
Before-the-Event Insurance (BTE): Legal expenses insurance included as part of an existing insurance policy (e.g., household, motor, or travel insurance) that covers the cost of legal proceedings. BTE should always be checked before taking out ATE insurance.
Bereavement Award: A fixed statutory sum payable to the spouse/civil partner of the deceased (or parents of an unmarried minor) under the Fatal Accidents Act 1976. Currently £15,120 (from 1 May 2020).
Bolam Test: The legal test for medical negligence established in Bolam v Friern Hospital Management Committee [1957]: a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion, even if other practitioners would have acted differently.
Calderbank Offer: A 'without prejudice save as to costs' settlement offer that does not comply with Part 36 but may still be taken into account by the court when making costs orders. Named after the case Calderbank v Calderbank [1975].
Causation: The legal requirement to prove that the defendant's breach of duty actually caused the claimant's injury. In clinical negligence, this is often the most contested element — the 'but for' test asks whether the injury would have occurred but for the defendant's negligence.
CICA (Criminal Injuries Compensation Authority): A government-funded scheme that compensates victims of violent crime in England, Scotland, and Wales. CICA operates a tariff-based scheme and is separate from civil litigation — it is not a no win no fee process.
Claimant: The party who brings a civil claim (equivalent to 'plaintiff' in US terminology). In personal injury, the claimant is the injured person seeking compensation.
Conditional Fee Agreement (CFA): A legally binding contract between a solicitor and client in which the solicitor agrees to act on the basis that their professional fees are conditional on the outcome of the case. If the case is lost, the client pays no solicitor fees. If won, the solicitor charges base costs plus a success fee.
Contributory Negligence: A partial defence in which the defendant argues that the claimant's own negligence contributed to their injury. If established, the court reduces the claimant's damages by a percentage reflecting their share of responsibility (Law Reform (Contributory Negligence) Act 1945).
Damages-Based Agreement (DBA): An agreement in which the solicitor's fee is a percentage of the damages recovered by the client. DBAs are regulated by the Damages-Based Agreements Regulations 2013 and are capped at 25% for personal injury, 35% for employment tribunal claims, and 50% for other civil litigation.
Date of Knowledge: Under the Limitation Act 1980, the date on which the claimant first knew (or ought to have known) that they had suffered a significant injury attributable to the defendant's act or omission. The limitation period runs from the date of knowledge if later than the date of injury.
Defence: The defendant's formal response to the particulars of claim, admitting or denying each allegation and raising any defences (e.g., contributory negligence, limitation).
Defendant: The party against whom a civil claim is brought. In personal injury, the defendant is typically the party alleged to have caused the injury (or their insurer).
Disbursements: Out-of-pocket expenses incurred by the solicitor on behalf of the client, such as court fees, medical report fees, expert witness fees, barrister's fees, and travel expenses. Disbursements are separate from the solicitor's professional fees.
Disclosure: The process by which each party provides the other with a list (and copies) of documents relevant to the issues in the case. Standard disclosure is governed by CPR Part 31.
Discount Rate: The rate used to adjust lump-sum awards for future losses to reflect the investment return the claimant is expected to earn. Set by the Lord Chancellor under the Damages Act 1996. Currently -0.25% in England and Wales (as of 2024).
Expert Evidence: Evidence provided by a qualified expert on matters requiring specialist knowledge (e.g., medical evidence, engineering, forensic accounting). The court's permission is required before expert evidence can be relied upon.
Fast Track: The court track for claims valued between the small claims limit and £25,000, where the trial is expected to last no longer than one day. Fixed recoverable costs apply to most fast track personal injury claims.
Fatal Accidents Act 1976: The statute that allows dependants of a deceased person to claim compensation when the death was caused by another party's wrongful act, neglect, or default. Claims include a dependency claim, bereavement award, and funeral expenses.
Fundamental Dishonesty: If a claimant is found to be fundamentally dishonest in relation to the primary claim or a related claim, the court must dismiss the claim (s.57 Criminal Justice and Courts Act 2015) and the claimant loses QOCS protection, potentially becoming liable for the defendant's costs.
General Damages: Compensation for pain, suffering, and loss of amenity (PSLA) — the non-financial impact of the injury on the claimant's life. Valued by reference to the Judicial College Guidelines for the Assessment of General Damages.
Interim Payment: A payment on account of damages made by the defendant before the case is finally resolved, typically where liability is admitted or established and the claimant has an urgent need for funds (e.g., for ongoing medical treatment or rehabilitation).
Jackson Reforms: The package of reforms to civil litigation costs recommended by Lord Justice Jackson's 2010 review, implemented primarily through LASPO 2012. Key changes included the introduction of QOCS, irrecoverability of success fees and ATE premiums, and reforms to Part 36.
Joint Expert: A single expert instructed by both parties to provide an independent report on a particular issue. The court may direct joint instruction to reduce costs and delay, particularly in lower-value cases.
Judicial College Guidelines: A publication providing guideline brackets for the assessment of general damages for personal injury. Used by courts, solicitors, and insurers as the primary reference for valuing pain, suffering, and loss of amenity.
LASPO: The Legal Aid, Sentencing and Punishment of Offenders Act 2012. LASPO made major changes to civil litigation funding, including making success fees and ATE premiums irrecoverable from the losing party, introducing QOCS, and restricting legal aid for civil cases.
Legal Aid: Government-funded legal assistance for individuals who cannot afford legal representation. Legal aid for civil cases was drastically reduced by LASPO 2012 and is now largely limited to family law, immigration, housing possession, and community care.
Liability: Legal responsibility for an act or omission. In personal injury claims, the claimant must establish that the defendant is liable (at fault) for the injuries sustained.
Limitation: The time limit within which a claim must be brought. For personal injury, the primary limitation period is 3 years from the date of injury or date of knowledge (Limitation Act 1980, ss.11–14). The court has discretion to extend this under s.33.
Litigation Friend: A person who conducts litigation on behalf of a party who lacks capacity to conduct it themselves — typically a child (under 18) or a protected party (a person who lacks mental capacity within the meaning of the Mental Capacity Act 2005).
McKenzie Friend: A person who assists a litigant in person in court proceedings. A McKenzie Friend can provide moral support, take notes, and help with case papers, but cannot address the court, examine witnesses, or act as an advocate unless granted rights of audience.
Montgomery Consent: Following Montgomery v Lanarkshire Health Board [2015], the duty on medical practitioners to take reasonable care to ensure the patient is aware of any material risks involved in proposed treatment and of any reasonable alternative treatments.
Multi-Track: The court track for claims valued at more than £25,000 or of significant complexity. Multi-track cases are subject to active case management by the court and have no fixed costs regime.
Multiplier-Multiplicand: The method used to calculate lump-sum awards for future losses. The multiplicand is the annual loss (e.g., annual earnings). The multiplier is a figure from the Ogden Tables that reflects the number of years of loss, adjusted for contingencies and the discount rate.
NHS Resolution: The arm's-length body of the Department of Health and Social Care that manages clinical negligence claims against the NHS in England. Formerly known as the NHS Litigation Authority (NHSLA).
Official Injury Claim (OIC): An online portal introduced in May 2021 for low-value (up to £5,000) RTA personal injury claims, particularly whiplash claims. Designed to allow litigants in person to manage their own claims without a solicitor.
Ogden Tables: Actuarial tables (the Ogden Tables, officially 'Actuarial Tables with explanatory notes for use in Personal Injury and Fatal Accident cases') used to calculate lump-sum damages for future losses such as loss of earnings and care costs, using a multiplier-multiplicand approach.
Part 36 Offer: A formal settlement offer made under Part 36 of the Civil Procedure Rules. Part 36 offers carry significant costs consequences: if the claimant fails to beat a defendant's Part 36 offer at trial, they may be ordered to pay the defendant's costs from the date the offer could have been accepted.
Particulars of Claim: The formal document setting out the claimant's case, including the facts relied upon, the legal basis for the claim, and the relief or remedy sought. Filed as part of the claim form or shortly after.
Periodical Payments Order (PPO): A court order requiring the defendant (or their insurer) to make regular, index-linked payments to the claimant over their lifetime, rather than a single lump sum. Common in catastrophic injury cases for future care and loss of earnings.
Portal (Claims Portal): An online system for processing low-value personal injury claims. The RTA Portal handles road traffic accident claims between £1,000 and £25,000. The EL/PL Portal handles employers' and public liability claims in the same range.
Pre-Action Protocol: A set of procedural steps that parties are expected to follow before issuing court proceedings. Protocols exist for personal injury, clinical negligence, housing disrepair, professional negligence, and other claim types. Non-compliance can result in costs sanctions.
Prognosis: A medical expert's assessment of the likely future course and outcome of the claimant's injuries, including expected recovery time, likelihood of full recovery, and any permanent effects.
Qualified One-Way Costs Shifting (QOCS): A costs protection regime introduced by the Jackson reforms (CPR 44.13–44.17) that prevents defendants from recovering their costs from unsuccessful personal injury claimants, unless the claim is struck out as disclosing no reasonable grounds, is found to be fundamentally dishonest, or the claimant has failed to beat a Part 36 offer.
Quantum: The amount of damages to be awarded. Quantum is assessed after liability has been established and takes into account the nature and severity of the injuries, financial losses, and future needs.
Schedule of Loss: A detailed document prepared by the claimant's solicitor setting out all heads of damage and their monetary value, including past and future losses, care costs, medical expenses, and loss of earnings.
Section 33 Discretion: The court's power under s.33 of the Limitation Act 1980 to allow a claim to proceed even though the primary limitation period has expired, if it considers it equitable to do so. The court weighs the prejudice to the claimant of dismissal against the prejudice to the defendant of allowing the claim.
Small Claims Track: The court track for claims valued at up to £10,000 (or £1,000 for personal injury claims involving RTA-related whiplash in the OIC portal). The small claims track has limited costs recovery — the winning party generally cannot recover solicitor fees from the loser.
Special Damages: Compensation for specific, quantifiable financial losses such as loss of earnings, medical expenses, travel costs, care costs, and damaged property.
SRA (Solicitors Regulation Authority): The independent regulator of solicitors and law firms in England and Wales. The SRA sets the Code of Conduct, authorises solicitors, and investigates complaints about professional misconduct.
Success Fee: An uplift charged by the solicitor on top of their base costs if the case is successful. The success fee can be up to 100% of base costs. For personal injury cases, it is capped at 25% of general damages and past losses (excluding future losses).
Vicarious Liability: The legal responsibility of one party for the wrongful acts of another, typically an employer for the acts of its employees. Extended to relationships 'akin to employment' in abuse cases (Various Claimants v CCWS [2012]).
Witness Statement: A written statement of the evidence that a witness will give at trial, signed with a statement of truth. Witness statements stand as the witness's evidence-in-chief.