Conditional Fee Agreements Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1674

1995No. 1674

LEGAL SERVICES

The Conditional Fee Agreements Order 1995

4thJuly1995

5thJuly1995

Whereas a draft of the above Order has been laid before and approved by resolution of each House of Parliament:

Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by sections 58(4) and (5) and 120 of the Courts and Legal Services Act 1990( a), having consulted in accordance with section 58(7) of that Act, hereby makes the following Order:-

Citation and commencement

1. This Order may be cited as the Conditional Fee Agreements Order 1995 and shall come into force on the day after the day on which it was made.

Specified proceedings

2.-(1) The proceedings specified for the purpose of section 58(4) of the Courts and Legal Services Act 1990 (conditional fee agreements in respect of specified proceedings not to be unenforceable) are the following:-

(a) proceedings in which there is a claim for damages in respect of personal injuries or in respect of a person's death, and "personal injuries" includes any disease and any impairment of a person's physical or mental condition;(b) proceedings in England and Wales by a company which is being wound up in England and Wales or Scotland;(c) proceedings by a company in respect of which an administration order made under Part II of the Insolvency Act 1986( b)is in force;(d) proceedings in England and Wales by a person acting in the capacity of-(i) liquidator of a company which is being wound up in England and Wales or Scotland; or(ii) trustee of a bankrupt's estate;(e) proceedings by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986;(f) proceedings before the European Commission of Human Rights and the European Court of Human Rights established under article 19 of the Convention for the Protection of Human Rights and Fundamental Freedoms opened for signature at Rome on 4th November 1950, ratified by the United Kingdom on 8th March 1951, which came into force on 3rd August 1953,

provided that the client does not have legal aid in respect of the proceedings.

(a) 1990 c.41.

(b) 1986 c.45.

(2) Proceedings specified in paragraph (1) shall be specified proceedings notwithstanding that they are concluded without the commencement of court proceedings.

(3) In paragraphs (1)(b) and (1)(d) "company" means a company within the meaning of section 735(1) of the Companies Act 1985( a) or a company which...

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