Example letter to client explaining how a CFA works and firm's approach

This is an example of a letter which could be used to explain to your client your firm's approach to CFAs and how a CFA works. It is NOT a covering letter to be sent with a CFA. For this, see Standard document, Example covering letter to client enclosing CFA.

Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, a success fee in a conditional fee agreement (CFA) is no longer recoverable from the other side, where the CFA is entered into on or after 1 April 2013, save in excepted cases (see Practice note, Conditional fee agreements entered into from 1 April 2013: an overview).

This letter is suitable to be used in those cases where the success fee is no longer recoverable, namely where it is not one of the excepted cases. It will need to be tailored to the particular facts and circumstances. (For an example letter to be used where the success fee is still recoverable, see Standard document, Example letter to client explaining how a CFA works and firm's approach (to be used in the excepted cases).)

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