The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
This Practice Note explains how the conditional fee regime operates after 1 April 2013, including:
what a conditional fee agreement (CFA) is
the regulatory requirements when entering into a CFA
when the success fees and insurance premiums are recoverable inter partes
exceptions and transitional provisions
A separate Practice Note covers CFAs in personal injury and clinical negligence matters: Conditional fee agreements after 1 April 2013 (personal injury and clinical negligence).
The CFA regime is the product of ss 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amend s 58 of the Courts and Legal Services Act 1990 (CLSA 1990). There are no Conditional Fee Regulations, but CLSA 1990, s 58 should be read in conjunction with:
Conditional Fee Agreements Order 2013, SI 2013/689
Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 13) Order 2018, SI 2018/1287
relevant requirements in the SRA’s regulatory regime
Success fee and costs insurance premium cannot be recovered from your client's opponent, although this is subject to transitional provisions in insolvency and privacy proceedings.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.