Section 44: Conditional fee agreements: success fees

Legal Aid, Sentencing and Punishment of Offenders Act 2012 · 2012 c. 10View on legislation.gov.uk

Part 2: Litigation funding and costs

In section 58 of the Courts and Legal Services Act 1990 (conditional fee agreements), in subsection (2)—

omit "and" after paragraph (a), and
after paragraph (b) insertand creferences to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.

After subsection (4) of that section insert—

In section 58A of that Act (conditional fee agreements: supplementary), in subsection (5) after "section 58(4)" insert ." , (4A) or (4B) "

For subsection (6) of that section substitute—

In section 120(4) of that Act (regulations and orders subject to parliamentary approval) after "58(4)," insert ." (4A) or (4B), "

The amendment made by subsection (4) does not prevent a costs order including provision in relation to a success fee payable by a person ("P") under a conditional fee agreement entered into before the day on which that subsection comes into force ("the commencement day") if—

the agreement was entered into specifically for the purposes of the provision to P of advocacy or litigation services in connection with the matter that is the subject of the proceedings in which the costs order is made, or
advocacy or litigation services were provided to P under the agreement in connection with that matter before the commencement day.

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