Explanatory note

Section 58(1) of the Courts and Legal Services Act 1990 provides that a conditional fee agreement is not unenforceable if it satisfies certain conditions. These include conditions to be specified in regulations under section 58(3) of that Act. Regulations 2 and 3 specify those conditions. Regulation 2 applies to all conditional fee agreements. Regulation 3 sets out further requirements applying only to agreements which provide for success fees.

Section 58A(3) enables the conditions which may be prescribed for conditional fee agreements to include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made. Regulation 4 imposes such a requirement and specifies what information is to be given. It does not apply where the agreement is between legal representatives.

Regulation 5 requires that agreements other than those between legal representatives must be signed by the client and the legal representative.

Regulation 6 provides for similar requirements to apply as respects amendments of agreements.

These regulations replace the Conditional Fee Agreements Regulations 1995, which are revoked.