The Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003
S.I. 2003/3344 · Made 17 December 2003
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 1990f1 and now vested in himf2, makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1990 c. 41. Sections 58 and 58A were substituted by section 27 of the Access to Justice Act 1999 (c. 22); section 119 is an interpretation provision and is cited for the meaning of “prescribed”.
- f2
-
by virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 4(1) and Schedule 1, and article 9 and Schedule 2, paragraph 8(1)(c).
Contents
- 1Citation and commencement
- 2Amendments to the Conditional Fee Agreements Regulations 2000
- 3Amendments to the Collective Conditional Fee Agreements Regulations 2000
- Signature
- Explanatory note
1Citation 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.
2Amendments to the Conditional Fee Agreements Regulations 2000
Regulation 3A of the Conditional Fee Agreements Regulations 2000f1 is amended in accordance with this regulation.
In paragraph (1), for “paragraph (5)” substitute “paragraphs (5) and (5A)”.
In paragraph (5)—
at the end of sub-paragraph (c), delete “or”; and
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”.
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.”.
In paragraph (6), after the word “client” the second time it appears, insert “or his estate”.
3Amendments to the Collective Conditional Fee Agreements Regulations 2000
The Collective Conditional Fee Agreements Regulations 2000f1 are amended in accordance with this regulation.
In regulation 4, in paragraph (2)(a), after the word “client” the second time it appears, insert “or his estate”.
In regulation 5—
in paragraph (4), for “paragraph (6)” substitute “paragraphs (6) and (7)”;
in paragraph (6)—
at the end of sub-paragraph (c), delete “or”; and
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”;
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:
the death of the client, and
his going bankrupt or going into liquidation.