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The Conditional Fee Agreements Order 2000

S.I. 2000/823 · Made 20 March 2000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL SERVICES

Made 20th March 2000

Coming into force 1st April 2000

The Lord Chancellor, in exercise of the powers conferred upon him by section 58(4)(a) and (c) of the Courts and Legal Services Act 1990f1, and all other powers enabling him in that behalf, having consulted in accordance with section 58A(5)f2 of that Act, makes the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

1990 c. 41. Section 58 was substituted by section 27(1) of the Access to Justice Act 1999 (c. 22).

f2

Section 58A was added by section 27(1) of the Access to Justice Act 1999 (c. 22).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation of 1998 Order
  3. 3Agreements providing for success fees
  4. 4Amount of for success fees
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Conditional Fee Agreements Order 2000 and shall come into force on 1st April 2000.

(2)

In this Order “the Act” means the Courts and Legal Services Act 1990.

2Revocation of 1998 Order

The Conditional Fee Agreements Order 1998f1 is revoked.

3Agreements providing for success fees

All proceedings which, under section 58 of the Act, can be the subject of an enforceable conditional fee agreement, except proceedings under section 82 of the Environmental Protection Act 1990f1, are proceedings specified for the purposes of section 58(4)(a) of the Act.

4Amount of for success fees

In relation to all proceedings specified in article 3, the percentage specified for the purposes of section 58(4)(c) of the Act shall be 100%.

Signature

Irvine of Lairg, C.

Dated 20th March 2000

Explanatory note

(This note is not part of the Order)

Under sections 58 and 58A of the Courts and Legal Services Act 1990, all proceedings may be the subject of an enforceable fee agreement except specified family proceedings and criminal proceedings other than those under section 82 of the Environmental Protection Act 1990. This Order specifies the proceedings to which a conditional fee agreement must relate if it is to provide for a success fee. These are all proceedings which may be the subject of a conditional fee agreement except criminal proceedings under section 82 of the Environmental Protection Act 1990.

Under section 58(4)(c) of the Courts and Legal Services Act 1990, the Order also sets a maximum success fee percentage of 100% for all conditional fee agreements which provide for such fees.