222. Conditional fee agreements

(1) A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement, but any other conditional fee agreement shall be unenforceable.
(2) For the purposes of this section and section 223
(a) a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances;
(b) a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances; and
(c) references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.
(3) The following conditions are applicable to every conditional fee agreement —
(a) it must be in writing;
(b) it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and
(c) it must comply with such requirements (if any) as may be prescribed by the Chief Justice.
(4) The following further conditions are applicable to a conditional fee agreement which provides for a success fee —
(a) it must relate to proceedings of a description specified by rules made by the Chief Justice;
(b) it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and
(c) that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by rules made by the Chief Justice.
(5) The additional conditions are applicable to a conditional fee agreement which —
(a) provides for a success fee; and
(b) relates to proceedings of a description specified by rules made by the Chief Justice for the purposes of this subsection.
(6) The additional conditions are that —
(a) the agreement must provide that the success fee is subject to a maximum limit;
(b) the maximum limit must be expressed as a percentage of the description of damages awarded in the proceedings that are specified in the agreement;
(c) that percentage must not exceed the percentage specified by rules made by the Chief Justice in relation to the proceedings or calculated in a manner so specified; and
(d) those descriptions of damages may only include descriptions of damages specified by rules made by the Chief Justice in relation to the proceedings.