Act of Sederunt (Fees of Advocates in Speculative Actions) 1992

Speculative fee charging agreement

2.—(1) Where—

(a) an advocate is instructed to undertake any work for a client in a litigation; and

(b) the advocate and his instructing solicitor agree that the advocate is to be paid a fee only if the client is successful in the litigation,

the advocate and the solicitor may agree that the advocate’s fee shall be increased by a figure not exceeding 100 per cent.

(2) The client of the solicitor shall be deemed to be successful in the litigation where—

(a) the litigation has been concluded by the pronouncing of a decree by the court, which, on the merits, is to any extent in his favour;

(b) the client has accepted a sum of money in settlement of his claim in the litigation; or

(c) the client has entered into a settlement of non-monetary nature by which his claim in the litigation has been resolved to any extent in his favour.

(3) In sub-paragraph (1) above the “advocate’s fee” means the fee for each item of work undertaken by the advocate in the solicitor’s account of expenses for which the other party to the litigation has been found liable, taxed as between party and party or agreed, before the deduction of any award of expenses against the client.