Funding & Panel Advice
Funding & Retainer Guide
Retainer types, funding routes and insurance, explained plainly so you can choose the right structure before the case starts.
Retainer Types
Conditional Fee Agreement (CFA) ▾
A "no win, no fee" retainer. The solicitor's fee is only payable, or only payable in full, if the case succeeds, usually with a success fee uplift on top of base costs when it does.
Discounted CFA ▾
A reduced hourly rate is payable as the case progresses, with the balance up to the full rate, plus a success fee, payable only if the case wins.
Damages-Based Agreement (DBA) ▾
The solicitor's fee is calculated as a percentage of the damages recovered, rather than by reference to hours worked, subject to the statutory cap.
Private (Hourly Rate) Retainer ▾
Fees are billed as the work is done, at agreed hourly rates, regardless of outcome. Usually the lowest-risk option for the solicitor and the most predictable for the client to budget against.
Funding Options
Client Private Funds ▾
The client meets costs as they're incurred. Simplest to set up, but exposes the client to the full cost of the case regardless of outcome.
ATE-Supported CFA ▾
A CFA paired with after the event insurance, so the client's exposure to the other side's costs (and often their own disbursements) if the case loses is covered by the policy.
Third-Party Litigation Funding ▾
An external funder pays some or all of the costs of the case in return for a share of the proceeds if it succeeds, with no recourse against the client if it doesn't.
Insurance
After the Event (ATE) Insurance ▾
Taken out once a dispute has arisen, covering the other side's costs and, depending on the policy, the client's own disbursements if the case is lost.
Before the Event (BTE) Insurance ▾
Cover already in place before the dispute arose, often bundled into a household, motor or business insurance policy, which may fund some or all of the legal costs.
Self-Insured Disbursements ▾
The client or their solicitor meets disbursements as they arise, rather than through an insurance policy, usually where the disbursement spend is modest or an ATE premium isn't cost-effective.
Compare the numbers