Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill [AS AMENDED AT STAGE 2] An Act of the Scottish Parliament to make provision about success fee agreements; to make provision about expenses in civil litigation; to make provision about the offices of the Auditor of the Court of Session, the auditor of the Sheriff Appeal Court and the auditor of the sheriff court; and to make provision about the bringing of civil proceedings on behalf of a group of persons. 5 P ART 1 S UCCESS FEE AGREEMENTS 1 Success fee agreements (1) In this Part, a “success fee agreement” is an agreement between a person providing relevant services (the “provider”) and the recipient of those services (the “recipient”) 10 under which the recipient— (a) is to make a payment (the “success fee”) to the provider in respect of the services if the recipient obtains a financial benefit in connection with a matter in relation to which the services are provided, but (b) is not to make any payment, or is to make a payment of a lower amount than the 15 success fee, in respect of the services if no such benefit is obtained. (2) In this section— “claims management services” means services consisting of the provision of advice or services, other than legal services, in connection with the making of a claim for damages or other financial benefit, including— 20 (a) advice or services in relation to— (i) legal representation, (ii) the payment or funding of costs associated with making the claim, (b) referring or introducing one person to another, (c) making inquiries, 25 “legal services” means services consisting of the provision of legal advice, assistance or representation, SP Bill 14A Session 5 (2018) 2 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 1—Success fee agreements “payment” includes a transfer of assets and any other transfer of money’s worth, “relevant services” means legal services or claims management services provided in connection with a matter— (a) which is the subject of civil proceedings to which the recipient is a party 5 before a Scottish court or tribunal, or (b) in relation to which such proceedings are in contemplation, “Scottish court or tribunal” means a court or tribunal established under the law of Scotland. (4) In this Part, the following terms, in relation to a success fee agreement, are to be 10 construed in accordance with this section— “payment”, “provider”, “recipient”, “relevant services”, 15 “success fee”. 2 Enforceability (1) A success fee agreement is not unenforceable by reason only that it is a pactum de...