Alternative Fee Arrangements for disputes

Flexible, commercial and client-aligned.

At Burges Salmon, we recognise that no two dispute cases or clients are alike.

We are distinctive from our competitors because we accept that the traditional hourly rate pricing model can have its limitations, including that it assumes “one size fits all”.

Therefore, we invite our clients to discuss how our pricing of disputes matters can reflect their particular commercial priorities and attitude to risk.

We build pricing structures collaboratively, using our deep understanding of case strategy, financial drivers, sector dynamics and risk profile to create a model that aligns our interests with yours from the outset.

A Bespoke Approach to Each Dispute

At the early stage of every instruction, we can explore a range of pricing options, which may include:

  • Conditional Fee Agreements, where the rates you pay are contingent on the outcome.
  • Damages-Based Agreements, where you pay a percentage of your recovery.
  • Single or staged Fixed Fees, where you pay a fixed price for a matter or phase.
  • Hybrid, staged or portfolio arrangements, blending elements of hourly, fixed and contingent fees.

We regularly work with funders and brokers to assist clients with integrating additional risk management tools – such as After-the-Event insurance or third party funding – to support the overall costs strategy.

Why Clients Choose Our Approach

Clients value our ability to devise thoughtful, bespoke arrangements that promote cost certainty, reduce upfront exposure and embed a genuine partnership ethos and our client testimonials reflect this.

We would be pleased to discuss fee options at the outset of any matter. Whatever structure is agreed, our service remains consistent: rigorous analysis, strategic clarity, high quality advice and cost transparency.

Case study

We were instructed by a lender client to pursue a professional negligence claim, but having already lost the underlying loan, its did not wish to commit further money to pursuing the claim. It also did not want to risk having to pay adverse costs if the claim was unsuccessful.

To meet those objectives, we agreed: (i) to work on a Damages Based Agreement where our fees would paid as a percentage of any recovery; and (ii) we secured ATE insurance to meet the risk of adverse costs, the premium for which was deferred until the conclusion of the case and was only payable if it was successful.

As a result, the client pursued a no-cost, no- risk claim in return for a share of its damages and a deferred insurance premium.

“When acting for claimants, Burges Salmon is prepared to enter into unusual fee arrangements for strong cases, such as DBAs, which makes them a commercially-minded practice that is head and shoulders above the rest of the claimant-focused professional negligence firms”

Legal 500

01
01

Get in touch

We would be pleased to discuss fee options at the outset of any matter. Get in touch with Head of Disputes Andrew Burnette if you have an issue you would like to explore.

Contact Andrew Burnette