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(This note is not part of the Order)
Section 58 of the Courts and Legal Services Act 1990 provides that a conditional fee agreement which relates to specified proceedings shall not be unenforceable by reason only of its being a conditional fee agreement. This Order specifies the following proceedings:—
(1) proceedings for personal injuries;
(2) proceedings by companies in administration or winding up or by their administrators or liquidators and by trustees in bankruptcy; and
(3) proceedings before the European Commission of Human Rights and the European Court of Human Rights.
Proceedings are not specified for the purposes of section 58 where the client has legal aid.
The Order also provides that the maximum percentage by which fees may be increased in respect of the specified proceedings is 100%.
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