http://www.legislation.gov.uk/ukpga/2009/25/section/154Coroners and Justice Act 2009An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes.texttext/xmlenStatute Law Database2026-03-23Expert Participation2026-03-22 Part 6 1541The Courts and Legal Services Act 1990 (c. 41) is amended as follows.2After section 58A insert—"58AA58AA1A damages-based agreement which relates to an employment matter and satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.2But a damages-based agreement which relates to an employment matter and does not satisfy those conditions is unenforceable.3For the purposes of this section—aa damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that—ithe recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, andiithe amount of that payment is to be determined by reference to the amount of the financial benefit obtained;ba damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.4The agreement—amust be in writing;bmust not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;cmust comply with such other requirements as to its terms and conditions as are prescribed; anddmust be made only after the person providing services under the agreement has provided prescribed information.5Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.6Before making regulations under subsection (4) the Lord Chancellor must consult—athe designated judges,bthe General Council of the Bar,cthe Law Society, anddsuch other bodies as the Lord Chancellor considers appropriate.7In this section—“payment” includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);“claims management services” has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act).8Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).3In section 120(4) (regulations and orders) after “58(4),” insert “ 58AA ”.