Conditional Fee Agreements Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/692 |
| Year | 2000 |
2000 No. 692
LEGAL SERVICES, ENGLAND AND WALES
The Conditional Fee Agreements Regulations 2000
Made 9th March 2000
Laid before Parliament 10th March 2000
Coming into force 1st April 2000
The Lord Chancellor, in exercise of the powers conferred on him by sections 58(3)(c), 58A(3) and 119 of the Courts and Legal Services Act 19901and all other powers enabling him hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Conditional Fee Agreements Regulations 2000.
(2) These Regulations come into force on 1st April 2000.
(3) In these Regulations—
“client” includes, except where the context otherwise requires, a person who—
(a) has instructed the legal representative to provide the advocacy or litigation services to which the conditional fee agreement relates, or
(b) is liable to pay the legal representative’s fees in respect of those services; and
“legal representative” means the person providing the advocacy or litigation services to which the conditional fee agreement relates.
Requirements for contents of conditional fee agreements: general
2.—(1) A conditional fee agreement must specify—
(a)
(a) the particular proceedings or parts of them to which it relates (including whether it relates to any appeal, counterclaim or proceedings to enforce a judgement or order),
(b)
(b) the circumstances in which the legal representative’s fees and expenses, or part of them, are payable,
(c)
(c) what payment, if any, is due—
(i) if those circumstances only partly occur,
(ii) irrespective of whether those circumstances occur, and
(iii) on the termination of the agreement for any reason, and
(d)
(d) the amounts which are payable in all the circumstances and cases specified or the method to be used to calculate them and, in particular, whether the amounts are limited by reference to the damages which may be recovered on behalf of the client.
(2) A conditional fee agreement to which regulation 4 applies must contain a statement that the requirements of that regulation which apply in the case of that agreement have been complied with.
Requirements for contents of conditional fee agreements providing for success fees
3.—(1) A conditional fee agreement which provides for a success fee—
(a)
(a) must briefly specify the reasons for setting the percentage increase at the level stated in the agreement, and
(b)
(b) must specify how much of the percentage increase, if any, relates to the cost to the legal representative of the postponement of the payment of his fees and expenses.
(2) If the agreement relates to court proceedings, it must provide that where the percentage increase becomes payable as a result of those proceedings, then—
(a)
(a) if—
(i) any fees subject to the increase are assessed, and
(ii) the legal representative or the client is required by the court to disclose to the court or any other person the reasons for setting the percentage increase at the level stated in the agreement,
he may do so,
(b)
(b) if—
(i) any such fees are assessed, and
(ii) any amount in respect of the percentage increase is disallowed on the assessment on the ground that the level at which the increase was set was unreasonable in view of facts which were or should have been known to the legal representative at the time it was set,
that amount ceases to be payable under the agreement, unless the court is satisfied that it should continue to be so payable, and
(c)
(c) if—
(i) sub-paragraph (b) does not apply, and
(ii) the legal representative agrees with any person liable as a result of the proceedings to pay fees subject to the percentage increase that a lower amount than the amount payable in accordance with the conditional fee...
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