Section 58A: Conditional fee agreements: supplementary., Courts and Legal Services Act 1990

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

criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990; and

family proceedings.

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

the Matrimonial Causes Act 1973;

the Adoption and Children Act 2002;

the Domestic Proceedings and Magistrates’ Courts Act 1978;

Part III of the Matrimonial and Family Proceedings Act 1984;

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

Parts 4 and 4A of the Family Law Act 1996; . . .

Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);

Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);

Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);

Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership);

proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court; and

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

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

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

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).

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.

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

the designated judges;

the General Council of the Bar;

the Law Society; and

such other bodies as he considers appropriate.

A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.

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).

Section 58A: Conditional fee agreements: supplementary.

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