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A little help with Conditional Fee Agreements (CFAs)

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  • A little help with Conditional Fee Agreements (CFAs)

    Hi all,

    I am pretty new to CFAs and am about to instruct a solicitor using one of these, unless I would be hit by a massive bill if I lose the case.

    The agreement says:

    "If you lose, you do not pay our charges provided that you have complied with our Terms and Conditions but you may be required to pay our expenses and disbursements although these will be covered by any insurance policy you have taken out provided you comply with the terms of that policy."

    So if I don't take out an 'after the event' insurance policy it seems I may be liable for their expenses and disbursements? I take it they will take out one insurance policy so we are both covered?

    I have written to the firm about this and they say:

    "I can confirm that you will have no liability for costs.

    The indemnity principle does say that a client must have that liability to his solicitor for the solicitor to be able to charge those costs to the losing party but our CFA ensures that you do not pay those in the event of a lack of success."

    Can someone help clarify?

    Sincere thanks.
    Tags: None

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