Conditional Fee Agreements

CFAs from 05.07.1995 to 31.03.2000:

Courts and Legal Services Act 1990 – See Section 58 for Conditional Fee Agreements (now revoked – see Section 27, Access to Justice Act 1999 for amended Section 58, and new Sections 58A and 58B).

The Conditional Fee Agreements Regulations 1995 – 05.07.1995

CFAs from 01.04.2000 to 31.10.2005:

Access to Justice Act 1999 – See Section 27 (for revised Sections 58, 58A and 58B Courts and Legal Services Act 1990) which came into force on 01.04.00. Amendment to the Courts and Legal Services Act 1990 provided for the recovery of success fees (inter partes) in respect of CFAs entered into on or after 01.04.00.

The Access to Justice Act 1999 (Transitional Provisions) Order 2000 – 01.04.2000

The Conditional Fee Agreements Regulations 2000 – 01.04.2000

The Conditional Fee Agreements Order 2000 – 01.04.2000

The Collective Conditional Fee Agreements Regulations 2000 – 30.11.2000

The Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003 – 02.06.2003 – For CFA Lite.

CFAs from 01.11.2005:

CFA (Revocation) Regulations 2005 – 01.11.2005

CFAs from 01.04.2013:

Legal Aid, Sentencing and Punishment of Offenders Act 2012 – see section 44

Conditional Fee Agreements Order 2013

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 5 and Saving Provision) Order 2013, SI/2013/77 (“Commencement Order 2013”).

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 12) Order 2016, SI/2016/345 – Ends parties’ ability to recover success fees and ATE premiums in insolvency cases from 6th April 2016.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018 SI/2018/1287 – Success fees are no longer recoverable from the defendant in “publication and privacy proceedings” where the CFA is entered into or after 6th April 2019. However, ATE premiums remain recoverable. Publication and privacy proceedings are defined in Article 1 of the Commencement Order 2013 as “proceedings for (a) defamation, (b) malicious falsehood; (c) breach of confidence involving publication to the general public (d) misuse of private information or (e) harassment, where the defendant is a news publisher”.