The Conditional Fee Agreements Order 2013

The Ministry of Justice has published the draft Conditional Fee Agreements Order 2013, which comes into force on 1st April 2013. Transitional provisions have been included to make clear that the 25% cap on the success fee that lawyers can take from personal injury clients’ damages, excluding those for future care and loss, does not apply to CFAs entered into before 1st April, but only 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. 

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