Conditional Fee Agreements Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1675 |
| Year | 1995 |
1995 No. 1675
LEGAL SERVICES
The Conditional Fee Agreements Regulations 1995
Made 4th July 1995
Coming into force 5th July 1995
Whereas a draft of the above Regulations 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(1) and 119 of the Courts and Legal Services Act 19901, hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Conditional Fee Agreements Regulations 1995 and shall come into force on the day after the day on which they are made.
(2) In these Regulations—
“agreement”, in relation to an agreement between a legal representative and an additional legal representative, includes a retainer;
“legal aid” means representation under Part IV of the Legal Aid Act 19882;
“legal representative” means a person providing advocacy or litigation services.
Agreements to comply with prescribed requirements
2. An agreement shall not be a conditional fee agreement unless it complies with the requirements of the following regulations.
Requirements of an agreement
3. An agreement shall state—
(a) the particular proceedings or parts of them to which it relates (including whether it relates to any counterclaim, appeal or proceedings to enforce a judgment or order);
(b) the circumstances in which the legal representative’s fees and expenses or part of them are payable;
(c) what, if any, payment is due—
(i) upon partial failure of the specified circumstances to occur;
(ii) irrespective of the specified circumstances occurring; and
(iii) upon termination of the agreement for any reason;
(d) the amount payable in accordance with sub-paragraphs (b) or (c) above or the method to be used to calculate the amount payable; and in particular whether or not the amount payable is limited by reference to the amount of any damages which may be recovered on behalf of the client.
Additional requirements
4.—(1) The agreement shall also state that, immediately before it was entered into, the legal representative drew the client’s attention to the matters specified in paragraph (2).
(2) The matters are—
(a)
(a) whether the client might be entitled to legal aid in respect of the proceedings to...
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