Article 38 Conditional fee agreements
A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this Article shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to paragraph (4)) any other conditional fee agreement shall be unenforceable.
The following conditions are applicable to every conditional fee agreement—
it must be in writing;
it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and
it must comply with such requirements (if any) as may be prescribed.
The following further conditions are applicable to a conditional fee agreement which provides for a success fee—
it must relate to proceedings of a description specified by order made by the Lord Chancellor;
it must state the percentage by which the amount of fees which would be payable if it were not a conditional fee agreement is to be increased; and
that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by order made by the Lord Chancellor.
If a conditional fee agreement is an agreement to which Article 71A of the Solicitors (Northern Ireland) Order 1976f1 (non-contentious business agreements between solicitor and client) applies, paragraph (1) shall not make it unenforceable.
Annotations
Footnotes
- f1