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6.—(1) Articles 4 and 5 do not apply to a conditional fee agreement which is entered into before the date upon which this Order comes into force if—
(a)the agreement was entered into specifically for the purposes of the provision to a person (“P”) of advocacy or litigation services in connection with the matter which is the subject of the proceedings; or
(b)advocacy or litigation services were provided to P under the agreement in connection with those proceedings before that date.
(2) Articles 4 and 5 do not apply to any conditional fee agreement entered into in relation to—
(a)proceedings relating to a claim for damages in respect of diffuse mesothelioma;
(b)publication and privacy proceedings;
(c)proceedings in England and Wales brought by a person acting in the capacity of—
(i)a liquidator of a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; or
(ii)a trustee of a bankrupt’s estate under Part IX of the 1986 Act;
(d)proceedings brought by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the 1986 Act;
(e)proceedings in England and Wales brought by a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; or
(f)proceedings brought by a company which has entered administration under Part II of the 1986 Act.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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