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Managing Litigation Costs

Conditional Fee Agreements

Litigation can be expensive — but it doesn’t always have to be. At FS Litigation, we work with clients to identify flexible funding options that help reduce financial risk while preserving access to justice.

We frequently act for claimants under a Conditional Fee Agreement (CFA) — often referred to as a "no win, no fee" arrangement. Under a CFA, our fees become payable only in the event of a successful outcome, whether by court judgment or settlement (as is more often the case).

The vast majority of our professional negligence cases are conducted on a CFA basis, reflecting both our confidence in the strength of the claims we take on and our commitment to aligning our interests with those of our clients.

This level of risk-sharing is rare — particularly among top-ranked litigation firms. FS Litigation is one of the few firms of our standing prepared to act on a contingent basis in high-value, complex commercial disputes.

Where appropriate, we work with leading counsel teams who are also willing to act on a CFA basis. This means that in many cases, the client need only fund disbursements (such as court fees or expert reports) during the course of the claim.

Where a claim is successful (either at Court or more commonly in earlier settlement), it is usually possible to recover a significant proportion of your legal costs from the opposing party in addition to damages.

If you’re considering pursuing a claim, we will assess whether a CFA is appropriate based on its legal merits and commercial viability.

After the Event (ATE) Insurance

We work closely with specialist brokers and insurers to help clients obtain After the Event (ATE) insurance. ATE insurance covers your liability for the other side’s legal costs if your claim is unsuccessful. Many clients — including insolvency practitioners and trustees acting in a representative capacity — choose to obtain ATE cover to mitigate personal exposure.

Third-Party Litigation Funding

In some cases, it may also be possible to secure third-party funding to cover the cost of running your claim, including our fees and third-party disbursements such as counsel and expert reports. These arrangements are typically available in high-value cases with strong legal prospects.

"FS Litigation has given me a first class service in achieving successful outcomes at every event and at every obstacle that has been thrown in front of us."

“A team of strong lawyers carrying out serious cases against London firms”

Legal 500

"At every level the team demonstrates a very high level of expertise, bringing litigation to successful outcomes."

Client testimonial

Get in Touch

If you are facing a complex or high-value dispute, FS Litigation can provide the strategic advice and robust representation needed to protect your position.

Contact our commercial litigation team in confidence on 0161 714 4520 or via our secure enquiry form.

0161 714 4520info@fslitigation.co.uk
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WA14 2EB

0161 714 4520info@fslitigation.co.uk
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