- Statutory Instrument 2000 No. 823
The Conditional Fee Agreements Order 2000
© Crown Copyright 2000
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Conditional Fee Agreements Order 2000 , ISBN 0 11 098943 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 20th March 2000 | ||
| Coming into force | 1st April 2000 |
The Lord Chancellor, in exercise of the powers conferred upon him by section 58(4)(a) and (c) of the Courts and Legal Services Act 1990[1], and all other powers enabling him in that behalf, having consulted in accordance with section 58A(5)[2] of that Act, makes the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:
Citation, commencement and interpretation
1. - (1) This Order may be cited as the Conditional Fee Agreements Order 2000 and shall come into force on 1st April 2000.
(2) In this Order "the Act" means the Courts and Legal Services Act 1990.
Revocation of 1998 Order
2. The Conditional Fee Agreements Order 1998[3] is revoked.
Agreements providing for success fees
3. All proceedings which, under section 58 of the Act, can be the subject of an enforceable conditional fee agreement, except proceedings under section 82 of the Environmental Protection Act 1990[4], are proceedings specified for the purposes of section 58(4)(a) of the Act.
Amount of for success fees
4. In relation to all proceedings specified in article 3, the percentage specified for the purposes of section 58(4)(c) of the Act shall be 100%.
Irvine of Lairg, C.
Dated 20th March 2000
(This note is not part of the Order)
Under sections 58 and 58A of the Courts and Legal Services Act 1990, all proceedings may be the subject of an enforceable fee agreement except specified family proceedings and criminal proceedings other than those under section 82 of the Environmental Protection Act 1990. This Order specifies the proceedings to which a conditional fee agreement must relate if it is to provide for a success fee. These are all proceedings which may be the subject of a conditional fee agreement except criminal proceedings under section 82 of the Environmental Protection Act 1990.
Under section 58(4)(c) of the Courts and Legal Services Act 1990, the Order also sets a maximum success fee percentage of 100% for all conditional fee agreements which provide for such fees.
Notes:
[1] 1990 c. 41. Section 58 was substituted by section 27(1) of the Access to Justice Act 1999 (c. 22).back
[2] Section 58A was added by section 27(1) of the Access to Justice Act 1999 (c. 22).back
ISBN 0 11 098943 0