27 Conditional fee agreements
Access to Justice Act 1999 (1999 c 22) | Legislation

Part II Other Funding of Legal Services

Conditional fee and litigation funding agreements

27  Conditional fee agreements

(1)     For section 58 of the Courts and Legal Services Act 1990 substitute—

“58 Conditional fee agreements

(1)     A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.

(2)     For the purposes of this section and section 58A—

(a)     a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and

(b)     a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would

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