# The Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003

S.I. 2003/3344 · made 17 December 2003

These Regulations amend the Conditional Fee Agreements Regulations 2000 and the Collective Conditional Fee Agreements Regulations 2000 by adding to the list of circumstances in which the client may be liable to pay his legal representative’s fees and expenses:the death of the client, andhis going bankrupt or going into liquidation.

Made under: Courts and Legal Services Act 1990 (Section 58, Section 58A, Section 119)

PDFs: Printed copy https://openlegislation.uk/conditional-fee-agreements-miscellaneous-amendments-no-2-regulations-2003/pdf/uksi_20033344_en.pdf

## Introductory text

LEGAL SERVICES, ENGLAND AND WALES
Made 17th December 2003
Laid before Parliament 23rd December 2003
Coming into force 2nd February 2004
The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by sections 58(3)(c), 58A(3) and 119 of the Courts and Legal Services Act 1990 and now vested in him, makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003 and shall come into force on 2nd February 2004.

## 2 Amendments to the Conditional Fee Agreements Regulations 2000

(1) Regulation 3A of the Conditional Fee Agreements Regulations 2000 is amended in accordance with this regulation.
(2) In paragraph (1), for “paragraph (5)” substitute “paragraphs (5) and (5A)”.
(3) In paragraph (5)—
(a) at the end of sub-paragraph (c), delete “or”; and
(b) at the end of sub-paragraph (d) insert—
“(e) is an individual who is adjudged bankrupt or enters into an arrangement or a composition with his creditors, or against whom an administration order is made; or
(f) is a company for which a receiver, administrative receiver or liquidator is appointed”.
(4) After paragraph (5), insert—
“(5A) A conditional fee agreement to which this regulation applies may specify that, in the event of the client dying in the course of the relevant proceedings, his estate will be liable for the legal representative’s fees and expenses, whether or not sums are recovered in respect of those proceedings.”.
(5) In paragraph (6), after the word “client” the second time it appears, insert “or his estate”.

## 3 Amendments to the Collective Conditional Fee Agreements Regulations 2000

(1) The Collective Conditional Fee Agreements Regulations 2000 are amended in accordance with this regulation.
(2) In regulation 4, in paragraph (2)(a), after the word “client” the second time it appears, insert “or his estate”.
(3) In regulation 5—
(a) in paragraph (4), for “paragraph (6)” substitute “paragraphs (6) and (7)”;
(b) in paragraph (6)—
(i) at the end of sub-paragraph (c), delete “or”; and
(ii) at the end of sub-paragraph (d) insert—
“(e) is an individual who is adjudged bankrupt or enters into an arrangement or a composition with his creditors, or against whom an administration order is made; or
(f) is a company for which a receiver, administrative receiver or liquidator is appointed”;
(c) after paragraph (6), insert—
“(7) A collective conditional fee agreement to which paragraph (4) applies may specify that, in the event of the client dying in the course of the relevant proceedings, his estate will be liable for the legal representative’s fees and expenses, whether or not sums are recovered in respect of those proceedings.”.

## Signature

Signed by authority of the Secretary of State
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
17th December 2003

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Conditional Fee Agreements Regulations 2000 and the Collective Conditional Fee Agreements Regulations 2000 by adding to the list of circumstances in which the client may be liable to pay his legal representative’s fees and expenses:
(a) the death of the client, and
(b) his going bankrupt or going into liquidation.

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Source: https://www.legislation.gov.uk/uksi/2003/3344 (the official version)
Page: https://openlegislation.uk/conditional-fee-agreements-miscellaneous-amendments-no-2-regulations-2003
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.