Versions

 

223. Conditional fee agreements: supplementary

(1) The requirements which the Board may prescribe under section 222(3)(c) —
(a) include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and
(b) may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).
(2) In section 222 and in this section (and in the definitions of "advocacy services" and "litigation services" as they apply for their purposes) "proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a Court), whether commenced or contemplated.
(3) Before making rules under section 222(4), (5) or (6), the Board shall consult —
(a) the Chief Justice; and
(b) such other bodies or persons as it considers appropriate.
(4) A costs order made in proceedings may not include provision requiring payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.
(5) Court procedure rules may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).