{
  "url": "https://openlegislation.uk/draft-access-to-justice-northern-ireland-order-2003/article-38",
  "json_url": "https://openlegislation.uk/draft-access-to-justice-northern-ireland-order-2003/article-38.json",
  "legislation": "ukdsi/2003/0337377340",
  "legislation_title": "Access to Justice (Northern Ireland) Order 2003",
  "legislation_url": "https://openlegislation.uk/draft-access-to-justice-northern-ireland-order-2003",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Conditional fee agreements",
  "text": "(1) 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.\n(2) The following conditions are applicable to every conditional fee agreement—\n(a) it must be in writing;\n(b) it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and\n(c) it must comply with such requirements (if any) as may be prescribed.\n(3) The following further conditions are applicable to a conditional fee agreement which provides for a success fee—\n(a) it must relate to proceedings of a description specified by order made by the Lord Chancellor;\n(b) 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\n(c) 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.\n(4) If a conditional fee agreement is an agreement to which Article 71A of the Solicitors (Northern Ireland) Order 1976 (non-contentious business agreements between solicitor and client) applies, paragraph (1) shall not make it unenforceable.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1976 N.I. 12."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2003/0337377340/article/38",
    "retrieved_at": "2026-10-30T15:18:44.602835+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}