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Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Consolidated Text As Enacted Cited authorities 25 Cited in Amendments 46 Related
Vincent
JurisdictionScotland
Citation2018 asp 10
is to make a payment (the “success fee”) to the provider in respect of the services if the recipient obtains a financial benefit in connection with a matter in relation to which the services are provided, butis not to make any payment, or is to make a payment of a lower amount than the success fee, in respect of the services if no such benefit is obtained.(2) In this section—
  • “claims management services” means services consisting of the provision of advice or services, other than legal services, in connection with the making of a claim for damages or other financial benefit, including—
    • (a) advice or services in relation to—
      • (i) legal representation,
      • (ii) the payment or funding of costs associated with making the claim,
    • (b) referring or introducing one person to another,
    • (c) making inquiries,
  • “legal services” means services consisting of the provision of legal advice, assistance or representation,
  • “payment” includes a transfer of assets and any other transfer of money's worth,
  • “relevant services” means legal services or claims management services provided in connection with a matter—
    • (a) which is the subject of civil proceedings to which the recipient is a party before a Scottish court or tribunal, or
    • (b) in relation to which such proceedings are in contemplation,
  • “Scottish court or tribunal” means a court or tribunal established under the law of Scotland.
(3) In this Part, the following terms, in relation to a success fee agreement, are to be construed in accordance with this section—
  • “payment”,
  • “provider”,
  • “recipient”,
  • “relevant services”,
  • “success fee”.
(1) A success fee agreement is not unenforceable by reason only that it is a pactum de quota litis (that is, an agreement for a share of the litigation) .(2) Subsection (1) does not affect any other ground on which a success fee agreement may be unenforceable.is awarded expenses in civil proceedings concerned with a matter to which the agreement relates, oragrees with another person that the recipient is entitled to recover expenses from that person in relation to such a matter.the provider is entitled to recover and retain the expenses so far as those expenses relate to the relevant services provided by the provider in relation to the matter, andthe amount of the success fee to be paid under the agreement is not affected by the amount of expenses recovered and retained by the provider.(3) Subsection (2) is subject to section 17(2A) of the Legal Aid (Scotland) Act 1986 (which makes provision for circumstances in which expenses recovered are to be paid to the Scottish Legal Aid Board) .(1) The Scottish Ministers may by regulations make provision for or about the maximum amounts of success fees that may be provided for under success fee agreements.(2) Regulations under subsection (1) may specify maximum amounts or provide for them to be determined in accordance with the regulations.by provision made in regulations under subsection (1) , andby, or in accordance with, another enactment.(4) The maximum amount of the success fee that may be paid under the agreement is the lower of the amounts allowed for by, or in accordance with, the enactments mentioned in subsection (3) (a) and (b) .(5) A success fee agreement is unenforceable to the extent that it provides for a success fee of an amount that is higher than the maximum amount allowed for by virtue of this section.(1) A success fee agreement must not be entered into in connection with a matter which may be the subject of civil proceedings of a description specified by the Scottish Ministers in regulations.(2) Regulations under subsection (1) may relate to all success fee agreements or to success fee agreements of a description specified by the Scottish Ministers in the regulations.personal injuries, orthe death of a person from personal injuries.(2) The agreement must provide that the recipient of the relevant services is not liable to make any payment (including outlays incurred in providing the services) to the provider in respect of the services, apart from the success fee, regardless of whether any damages are obtained.(3) In subsection (2) , “outlays” do not include any sums paid in respect of insurance premiums in connection with the claim to which the agreement relates.may provide that any damages for future loss obtained in connection with the claim (the “future element”) will be included in the amount of damages by reference to which the success fee is to, or may, be calculated (the “relevant amount of damages”) if the future element

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