(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. Section 58(1)(a) excludes agreements in respect of criminal proceedings from the scope of section 58 and specified family proceedings. This Order replaces the Conditional Fee Agreements Order 1995, which specified a limited number of categories of proceedings, and specifies instead all proceedings (within the scope of section 58) without any exceptions.
The Order also specifies (as did the 1995 Order) that the maximum percentage by which fees may be increased in respect of the specified proceedings is 100%.