The Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003

• Citation: S.I. 2003/3344
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003 and shall come into force on 2nd February 2004.

Section 2 Amendments to the Conditional Fee Agreements Regulations 2000

(1) Regulation 3A of the Conditional Fee Agreements Regulations 2000 is amended in accordance with this regulation.

(2) In paragraph (1), for “paragraph (5)” substitute “paragraphs (5) and (5A)”.

(3) In paragraph (5)—

(a) at the end of sub-paragraph (c), delete “or”; and

(b) at the end of sub-paragraph (d) insert—

(e) is an individual who is adjudged bankrupt or enters into an arrangement or a composition with his creditors, or against whom an administration order is made; or

(f) is a company for which a receiver, administrative receiver or liquidator is appointed

(4) After paragraph (5), insert—

(5A) A conditional fee agreement to which this regulation applies may specify that, in the event of the client dying in the course of the relevant proceedings, his estate will be liable for the legal representative’s fees and expenses, whether or not sums are recovered in respect of those proceedings.

(5) In paragraph (6), after the word “client” the second time it appears, insert “or his estate”.

Section 3 Amendments to the Collective Conditional Fee Agreements Regulations 2000

(1) The Collective Conditional Fee Agreements Regulations 2000 are amended in accordance with this regulation.

(2) In regulation 4, in paragraph (2)(a), after the word “client” the second time it appears, insert “or his estate”.

(3) In regulation 5—

(a) in paragraph (4), for “paragraph (6)” substitute “paragraphs (6) and (7)”;

(b) in paragraph (6)—

(i) at the end of sub-paragraph (c), delete “or”; and

(ii) at the end of sub-paragraph (d) insert—

(e) is an individual who is adjudged bankrupt or enters into an arrangement or a composition with his creditors, or against whom an administration order is made; or

(f) is a company for which a receiver, administrative receiver or liquidator is appointed

(c) after paragraph (6), insert—

(7) A collective conditional fee agreement to which paragraph (4) applies may specify that, in the event of the client dying in the course of the relevant proceedings, his estate will be liable for the legal representative’s fees and expenses, whether or not sums are recovered in respect of those proceedings.