What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

FAQ: Conditional Fee Agreements For Medical Negligence And Personal Injury Claims

What is a Conditional Fee Agreement (CFA)?

A CFA is a legal funding arrangement between you and your solicitor where payment of legal fees depends on the outcome of your case. It is commonly known as a “No Win, No Fee” agreement. If your claim is unsuccessful, you generally pay nothing for your solicitor’s work.

How does a CFA work in these cases?

If you win, you are liable for your solicitor’s basic charges and expenses, however these are usually successfully recovered from the defendant. The success fee is payable by you.

If you lose, you do not pay your solicitor’s fees. You may still be responsible for disbursements (e.g expert medical reports and court fees), unless covered by insurance.

What is a success fee?

The success fee is an additional charge payable only if your case succeeds. It reflects the risk your solicitor takes in running your case without guaranteed payment. The success fee is capped at 25% of your compensation and is deducted from the damages awarded.

Are all cases suitable for a CFA?

No. Your solicitor will assess whether your claim has reasonable prospects of success (usually 51% or higher) before offering a CFA. This is particularly important in medical negligence cases, which often require detailed expert evidence.

Will I need insurance?

Yes. Most clients take out After the Event (ATE) insurance to protect against paying the opponent’s costs if the claim fails. In medical negligence cases, the premium may cover expert report costs and is often deferred until the end of the case.

Key advantages of CFAs

– No upfront legal fees.

– Access to justice without financial risk.

– Solicitor shares the litigation risk with you.

At Wollens, we routinely offer Conditional Fee Agreements (“No Win, No Fee”) to act on behalf of claimants in medical negligence and personal injury claims. This approach ensures that clients can pursue justice without the burden of upfront legal costs. Our experienced team will be happy to explain the terms of our CFAs in detail and answer any questions you may have, so you feel fully informed and confident before proceeding.