This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020 No. 110
3.—(1) A damages-based agreement must not be entered into in connection with a matter which is or may become the subject of family proceedings.
(2) In paragraph (1)—
(a)“damages-based agreement” is a success fee agreement under which the success fee is determined by reference to the amount of financial benefit obtained by the recipient,
(b)“family proceedings” has the same meaning as in section 135 of the Courts Reform (Scotland) Act 2014(1).
(3) Nothing in paragraph (1) is to be construed as restricting the use of other types of success fee agreement.
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