Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Conditional fee agreement definition

What does Conditional fee agreement mean? An agreement under which a solicitor or counsel is paid only if the case succeeds (“no win, no fee”). The contract defines “success” and, on success, permits payment of base costs plus an agreed “success fee” uplift; if the case fails, professional fees are not charged, though the client may still be liable for disbursements and any adverse costs (often insured via after-the-event (ATE) cover). A CFA is distinct from a damages-based agreement (contingency fee), which takes a percentage of recoveries. In England and Wales, CFAs are governed by the Courts and Legal Services Act 1990 (sections 58 and...

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Conditional Fee Agreement template for insolvency office-holders (post-6 April 2016): solicitor-client terms on success fees, costs recovery, counsel CFA and ATE insurance (England and Wales)

Precedents
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This Agreement is entered into on [ date ]

Parties

  1. [ Company Name ] [ (in liquidation, etc) ] [ (the ‘ Company ’) acting through ] [ name(s) of Insolvency practitioner(s) ] [ (the ‘ Liquidator ’), (the ‘ Administrator ’), etc ] [ (and all successors in title) ] [ acting as agent for the Company, except as provided in this Agreement ] ( [ together ] the ‘ Client ’) [ both ] of [ address ];
  2. [ Firm Name and Address ] (the ‘ Firm ’).

It is hereby agreed as follows:

1 Definitions

1.1 In this Agreement:

  • Appeal means any request for permission to appeal and/or an appeal to the Court of Appeal or the Supreme Court from a lower court’s decision, or to a Judge from a decision of a District Judge, Registrar, Master or Insolvency and Companies Court Judge, in relation to the Claim
  • Basic Costs means the fees of the Firm for work undertaken by the Firm for the Client in connection with the Claim on an hourly rate basis from [ date of commencement of work covered by Conditional fee agreement—can be retrospective ]...
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Kathryn Hacking
Kathryn Hacking

Kathryn trained and qualified at Gateley. Typically, Kathryn advises insolvency practitioners, secured lenders, creditors and directors on insolvency issues. Her areas of expertise involve advising on a funded or contingent basis. She also deals with all types of insolvency appointments and all issues arising pre and post insolvency appointments  Kathryn's areas of expertise involves advising on all aspects of insolvency with a focus on litigation including investigation work, fraud and dishonesty claims, claims against former office holders, directors and third parties, large scale litigation (onshore and offshore), setting aside antecedent transactions, tax avoidance claims and recovery of monies from and to companies in financial difficulties. Kathryn has also advised on and acted under a range of litigation funding options. She is an experienced litigator and had success in the Court of Appeal acting for the office holder in Dickinson v NAL...

Alex Thompson
Alex Thompson

Alex is an experienced dispute resolution lawyer who has worked on a variety of complex and high-value assignments, often emanating from clients based overseas including from the Former Soviet Union, Europe and many offshore jurisdictions. He specialises in dealing with contentious insolvency and asset recovery matters. He is recognised by Legal 500 as a “key lawyer” within the Gateley team....

Andrew Horton
Andrew Horton

Andrew initially joined Gateley as a paralegal, subsequently training and qualifying into the Restructuring and Insolvency team. Andrew's experience is in insolvency claims and civil fraud disputes, including claims against directors and third parties, acting for insolvency practitioners as well as purchasers of litigation claims.  Andrew’s recent experience includes acting in relation to claims concerning insolvent entities in the context of failed tax schemes....

Web page updated on 22/05/2026

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