As you will have gathered from the above, when a case in which a CFA has been entered into reaches a conclusion, the way in which costs are dealt with depends on who has won:
If you win: In common with the usual rule that the loser pays the winner's costs, you can normally expect your costs (including disbursements) to be met by the Defendant, if you win your case. Losing Defendants are also expected to reimburse the premium of any insurance policy you have had to take out, providing that premium was reasonable. Finally, a success fee (see above) has to be met by the Defendant (again, so long as it is reasonable).
The Defendant is entitled to challenge the amount of any costs and disbursements that are included in your "bill". If they can show that the amount charged for anything was excessive, they can have the cost of that particular expense reduced to a reasonable amount. Similarly, if they can persuade the Court that the success fee was too great, they can have it reduced. If there is a shortfall between our costs and the amount recovered from the Defendant, the balance can be deducted from your damages.
The other area in which you could lose out is as regards the interest on any loan you have taken out. Although the Defendant must reimburse you for the items you have paid for under a loan agreement (insurance premium, disbursements, etc.), they are not obliged to refund the interest that will have built up on the loan. You will have to meet this amount from your damages award.
If you lose: In the event of your claim being unsuccessful, we do not charge you for any of our work, as agreed in the CFA. The Defendant will be entitled to seek their costs from you but, if you have taken out insurance, their claim will be met by the policy. Any loan you have taken out will normally also be cleared - inclusive of interest - by your insurance. This means that you should not end up "out of pocket" at all.