Andrew Noble LLB (Hons) [Manchester] FRICS, FCIArb, Chartered Surveyor & Chartered Arbitrator

Contact details

T:   +44 (0) 845 299 6760
Skype: andrew.noble0860

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Construction law

Conditional Fee Arrangements

Conditional fee agreements, once prohibited, are now lawful. A CFA is an agreement with a solicitor or a barrister providing advocacy or litigation services which provides for his or her fees and expenses (or any part of them), to be payable only in specified circumstances e.g. upon “success” in the litigation.  Although litigants prefer the catch phrase “no win, no fee”. Lawyers prefer to add to the latter phrase, the catchier phrase “if win – enhanced fee”! Much has changed concerning such arrangements and in relation to the kind of work I do, success fees although chargeable by lawyers, will not be paid by the losing party following the recent costs review by Lord Justice Jackson. Accordingly those with the benefit of such arrangements will have to pay success fees upon success in the litigation which will diminish any damages recovered. This is a deterrent to litigation as required by HM Government.

Recovery of success fees and insurance premiums by way of costs

These are no longer recoverable from the losing party in the kind of work I do. Again this is following the Final Costs Review of Jackson LJ.

Before the event insurance (or legal espenses cover)

Modern practice dictates that lawyers should normally invite a client to check all insurance policies to establish whether BTE insurance is available for the case concerned. Such policies might include any household insurance policy and any stand alone BTE insurance policy belonging to the client and/or any spouse or partner living in same household of the client. It is worth ticking the box in insurance policy applications for BTE insurance, always remembering to check what kind of disputes are covered.


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