Conditional Fee Agreements and Damages-based Agreements

While in principle there is nothing to prevent barristers undertaking direct access work on a Conditional Fee Agreement or a Damages-based Agreement, particular care should be taken with such arrangements. You should consider the level of risk and the likelihood of recovering base costs and the success fee in the case of a Conditional Fee Agreement and the likelihood of recovering the percentage of the claimant’s damages in the case of a Damages-based Agreement.