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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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What is a conditional fee?

Customer Question

What is a conditional fee?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Usually a conditional fee arrangement is where a lawyer works on a no win, no fee basis.

So the solicitor will receive a fee on the 'condition' that he is successful.

The fee will either be deducted from the clients award or paid directly by the other party.
Customer: replied 3 years ago.

But it is an uplift of the original hourly fee, would the cost be fully recoverable from the other party?

Expert:  Alice H replied 3 years ago.
It depends.

There is usually a conditional fee agreement between the solicitor and client setting out the charging structure. This will set out the hourly rate including whether there is an uplift and success fee.

Whether costs from the other party are recoverable depends on a number of factors including, of course, whether the party is successful, type of case, conduct of the parties, person conducting the work, whether the item of work was reasonable and justified etc.

Customer: replied 3 years ago.

usually how many % of the costs would be paid?

Expert:  Alice H replied 3 years ago.
That's impossible for me to say I'm afraid!

Obviously I know nothing about the case etc.
Customer: replied 3 years ago.

Usually on average, it's not 100% I assume?


 


Then are the uplift of the fees deducted on the cost payment and then deducted in terms of its remaining in damages?

Expert:  Alice H replied 3 years ago.
Good Evening

Again without some facts its difficult to gjve you a definitive answer.

Is this a civil case? Litigation? Personal Injury??

Alex
Customer: replied 3 years ago.

It's litigation.

Expert:  Alice H replied 3 years ago.
Do you have the CFA?
Customer: replied 3 years ago.

In discussion with my representative at the moment.

Expert:  Alice H replied 3 years ago.
I'm sorry but you're just not giving me enough information to enable me to answer your question properly.

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