The Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003

Amendments to the Collective Conditional Fee Agreements Regulations 2000

3.—(1) The Collective Conditional Fee Agreements Regulations 2000(1) are amended in accordance with this regulation.

(2) In regulation 4, after paragraph (1), insert—

“(1A) The circumstances referred to in paragraph (1) may include the fact that the legal representative’s fees and expenses are payable only to the extent that sums are recovered in respect of the proceedings, whether by way of costs or otherwise.”.

(3) After regulation 5(3), insert—

“(4) Sub-paragraphs (b) and (c) of paragraph (2) do not apply to a collective conditional fee agreement under which, except in the circumstances set out in paragraph (6), the client is liable to pay his legal representative’s fees and expenses only to the extent that sums are recovered in respect of the proceedings, whether by way of costs or otherwise.

(5) In determining for the purposes of paragraph (4) the circumstances in which a client is liable to pay his legal representative’s fees and expenses, no account is to be taken of any obligation to pay costs in respect of the premium of a policy taken out to insure against the risk of incurring a liability in the relevant proceedings.

(6) A collective conditional fee agreement to which paragraph (4) applies may specify that the client will be liable to pay his legal representative’s fees and expenses whether or not sums are recovered in respect of the relevant proceedings, if the client—

(a) fails to co-operate with the legal representative;

(b) fails to attend any medical or expert examination or court hearing which the legal representative reasonably requests him to attend;

(c) fails to give necessary instructions to the legal representative; or

(d) withdraws instructions from the legal representative.”.

(1)

S.I. 2000/2988.