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Success fees definition

What does Success fees mean? In practice, a success fee is the extra amount a lawyer charges only if the case succeeds, usually a percentage uplift on base costs under a conditional fee agreement (CFA or “no win, no fee”). In England and Wales, CFAs and success fees are regulated by the Courts and Legal Services Act 1990 and related regulations: the uplift cannot exceed 100% of base costs and, since LASPO 2012, is generally not recoverable inter partes. In personal injury, any deduction from damages is capped at 25% of specified heads. In Scotland, the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and...

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Success fees under conditional fee agreements: definition, ‘success’ triggers, percentage assessment, staging, recoverability and transitional regimes, proportionality, children/protected parties, appeals (England and Wales)

Practice notes
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This Practice Note examines success fees, a type of charge that may become payable when a claim succeeds and has been funded by a conditional fee agreement (CFA). It considers:

  • what is meant by the term ‘success fee’?
  • are success fees recoverable?
  • what constitutes a 'success' to trigger payment of the success fee?
  • what requirements must be satisfied when including a success fee in a CFA?
  • what is an appropriate success fee percentage?
  • appeals against decisions concerning success fee percentages
  • whether the success fee under the funding agreement is payable by the other side as costs
  • transitional arrangements or exceptions applying post-1 April 2013

For further guidance on dealing with CFAs, see Practice Notes:

  • Conditional fee agreements—definition and requirements
  • Types of conditional fee agreements
  • Conditional fee agreements—assignment of a CFA

What are success fees?

A CFA is an arrangement between a client and solicitor under which the solicitor’s costs (in whole or in part) are only payable in specified circumstances—typically if the client is successful. As a general rule, any disbursements will be payable...

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Web page updated on 21/05/2026

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