The Conditional Fee Agreements (Amendment) Order 2010

EXPLANATORY NOTE

(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 section 58(4) 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 some publication 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 can be requested by writing to the Ministry of Justice Private Funding Branch at: [e-mail].