Part IILegal Services

Miscellaneous

F158A Conditional fee agreements: supplementary.

(1)

The proceedings which cannot be the subject of an enforceable conditional fee agreement are—

(a)

criminal proceedings, a part from proceedings under section 82 of the M1 Environmental Protection Act 1990; and

(b)

family proceedings.

(2)

In subsection (1) “family proceedings” means proceedings under any one or more of the following—

(a)

the M2Matrimonial Causes Act 1973;

(b)

the M3Adoption Act 1976;

(c)

the M4Domestic Proceedings and Magistrates’ Courts Act 1978;

(d)

Part III of the M5Matrimonial and Family Proceedings Act 1984;

(e)

Parts I, II and IV of the M6Children Act 1989;

(f)

Part IV of the M7Family Law Act 1996; and

(g)

the inherent jurisdiction of the High Court in relation to children.

(3)

The requirements which the Lord Chancellor may prescribe under section 58(3)(c)—

(a)

include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and

(b)

may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).

(4)

In section 58 and this section (and in the definitions of “advocacy services” and “litigation services” as they apply for their purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

(5)

Before making an order under section 58(4), the Lord Chancellor shall consult—

(a)

the designated judges;

(b)

the General Council of the Bar;

(c)

the Law Society; and

(d)

such other bodies as he considers appropriate.

(6)

A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.

(7)

Rules of court may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).