SponsoredBuild your website with Vincony

Avertisment: Acesta nu este un sfat juridic. Legislația și jurisprudența se schimbă. Consultați întotdeauna un avocat calificat pentru situația dvs. specifică.

UK Law Reference
← All Comparisons
Civil Litigation
Updated 2026-05-16

Conditional Fee Agreement (CFA) vs Damages-Based Agreement (DBA)

Both funding arrangements allow you to pursue a legal claim without paying upfront, but they have different cost structures and risk profiles.

Overview

For many civil claims, particularly personal injury and employment claims, lawyers can act under either a Conditional Fee Agreement (CFA — 'no win no fee') or a Damages-Based Agreement (DBA — a 'contingency fee'). Both involve the lawyer taking a financial risk on the outcome, but the mechanisms and regulatory constraints differ significantly. Understanding the difference helps you choose the right funding arrangement for your case.

Side-by-Side Comparison

Conditional Fee Agreement (CFA)

Cost: Success fee up to 100% of base fee; capped at 25% of damages in PI cases
Time: Payable only on successful conclusion of the claim

Pros

  • Widely used and well-understood by courts and practitioners
  • Success fee and ATE insurance premium payable from damages — not from your own funds
  • If you lose, you pay nothing to your own lawyer (but may face opponent's costs unless ATE insurance covers this)
  • Maximum success fee cap of 25% of damages in personal injury (and 35% in employment cases after Jackson reforms)

Cons

  • Success fee is deducted from your damages — reducing your net recovery
  • You need After the Event (ATE) insurance to cover opponent's costs if you lose — premium payable from damages
  • Complexity — fees must comply with CFA Regulations and be properly explained

Best For

Personal injury claims, clinical negligence, and commercial disputes where the claim value is significant and the merits are strong. The most common form of no-win no-fee funding.

Damages-Based Agreement (DBA)

Cost: Up to 50% of damages recovered (civil); 35% (employment tribunal)
Time: Payable only on successful recovery of damages

Pros

  • Simple structure — lawyer takes a percentage of recovery, client keeps the rest
  • No complex hourly rate or success fee calculations
  • Available in employment tribunal proceedings (capped at 35% of recovery including VAT)
  • Aligns the lawyer's incentive directly with maximising recovery

Cons

  • If you lose, your DBA lawyer gets nothing — but you may still face opponent's costs
  • Maximum cap is 50% of damages (civil proceedings); 35% (employment)
  • Hybrid DBAs (partly DBA, partly traditional fee) are legally uncertain following Zuberi v Lexlaw [2021]
  • Less common than CFAs — fewer solicitors offer them in practice

Best For

Employment tribunal claims (where DBAs are most commonly used), and high-value commercial disputes where a percentage arrangement is straightforward.

Key Differences

AspectConditional Fee Agreement (CFA)Damages-Based Agreement (DBA)
Fee basisHourly rate + success fee uplift (up to 100%) — payable only on successPercentage of damages recovered (up to 50% civil; 35% employment)
Maximum deduction from damages25% of damages cap in PI; 35% in employment50% of damages (civil); 35% (employment)
ComplexityMore complex — requires proper explanation and compliance with CFA RegsSimpler in principle — percentage of recovery
AvailabilityWidely available — most litigation solicitors offer CFAsLess common — fewer solicitors offer pure DBAs outside employment
ATE insuranceUsually required alongside CFA to cover opponent's costs if you loseSeparate ATE insurance still advisable but not always required
Legal basisCourts and Legal Services Act 1990, s.58; CFA Regs 2000Courts and Legal Services Act 1990, s.58AA; DBA Regs 2013

Our Recommendation

For most personal injury and commercial claims, a CFA is the standard and better-understood option. For employment tribunal claims (where opponent's costs are rare and the recovery is a specific monetary amount), a DBA is clean and simple. In both cases, ensure the agreement is explained clearly before signing, and check what happens to costs if the case settles on non-monetary terms. Take advice from a specialist solicitor about which structure is better for your specific claim.

Related Guides