Draft Order laid before Parliament under section 120(4) of the Courts and Legal Services Act 1990, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Legal Services
Made
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Coming into force in accordance with article 1
This Order is made in exercise of the powers conferred by sections 58(4)(a) and (c) and 120(3) of the Courts and Legal Services Act 1990(1).
The Lord Chancellor has consulted the designated judges, the General Council of the Bar, the Law Society and such other bodies as he considered appropriate in accordance with section 58A(5) of that Act.
A draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 120(4) of that Act.
Accordingly the Lord Chancellor makes the following Order.
1.—(1) This Order may be cited as the Conditional Fee Agreements (Amendment) Order 2010 and comes into force on the day after the day on which it is made.
(2) In this Order “the 2000 Order” means the Conditional Fee Agreements Order 2000(2).
2.—(1) The 2000 Order is amended as follows.
(2) In article 4 at the end insert “except as provided for in article 5”.
(3) After article 4 insert—
“5. In relation to defamation proceedings (within the meaning of Part 53 of the Civil Procedure Rules 1998(3)), the percentage specified for the purposes of section 58(4)(c) of the Act is 10%.”
3. The amendment made by article 2 applies only in relation to an agreement entered into after this Order comes into force.
Signed by authority of the Lord Chancellor
Name
Parliamentary Under Secretary of State
Ministry of Justice
Date
(This note is not part of the Order)
Under sections 58 and 58A of the Courts and Legal Services Act 1990 (c. 41), all proceedings may be the subject of an enforceable conditional fee agreement except specified family proceedings and criminal proceedings (other than those under section 82 of the Environmental Protection Act 1990 (c. 43)). The Conditional Fee Agreements Order 2000 (S.I. 2000/823) specifies the proceedings to which a conditional fee agreement must relate if it is to provide for a success fee, and the maximum amount of such a fee. This Order, made under sections 58(4) and 120(3) of the Courts and Legal Services Act 1990, amends the Conditional Fee Agreements Order 2000 to set a maximum success fee percentage of 10% for all conditional fee agreements in relation to defamation proceedings providing for such fees. Article 3 provides that the provisions of this Order only apply to an agreement entered into after this Order comes into force.
An impact assessment has been prepared for this Order and is located on the Ministry of Justice website at www.justice.gov.uk/consultations/costs-defamation-proceedings-consultation.htm .