Last updateTue, 24 Feb 2015 5pm

FEE AGREEMENTS: Cheap at half the price

20 July 2012  

Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements

A discounted conditional fee agreement (CFA) (otherwise known as a ‘no win, low fee’ agreement), as we will all know, means that a law firm will be paid at the agreed discounted hourly rate as the case proceeds, but will forego the balance of its base costs if the client loses, and will recover all of its base costs with or without a success fee if the client wins. On the other hand, a retrospective CFA is based on a conditional fee agreement that covers work done before the date the document was signed. A retrospective CFA can occur in a number of situations, for instance:


Additional Info

  • Case(s) Referenced:

    Birmingham City Council v Forde [2009] EWHC 12 (QB)

    Designers Guild Ltd v Russell Williams (Textiles) Ltd (t/a Washington DC) [2003] EWHC 9024

    Gloucestershire County Council v Evans & ors [2008] EWCA Civ 21

    Holmes v Alfred McAlpine Homes (Yorkshire) Ltd [2006] EWHC 110 (QB)

    JN Dairies Ltd v Johal Dairies Ltd & anor [2011] EWHC 90211 (Costs)

    King v Telegraph Group Ltd [2003] EWHC 1312 (QB)

    Motto & ors v Trafigura Ltd & anor [2011] EWCA Civ 1150

    Revenue and Customs v Blue Sphere Global Ltd [2011] EWHC 90217 (Costs)