Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 3 Part 1—Success fee agreements 4 Power to cap success fees (1) The Scottish Ministers may by regulations make provision for or about the maximum amounts of success fees that may be provided for under success fee agreements. (2) Regulations under subsection (1) may specify maximum amounts or provide for them to 5 be determined in accordance with the regulations. (3) Subsection (4) applies where the maximum amount of the success fee that may be provided for under a success fee agreement is restricted by— (a) provision made in regulations under subsection (1), and (b) another enactment. 10 (4) The maximum amount of the success fee that may be paid under the agreement is the lower of the amounts allowed for by the enactments mentioned in subsection (3)(a) and (b). (5) A success fee agreement is unenforceable to the extent that it provides for a success fee of an amount that is higher than the maximum amount allowed for by virtue of this 15 section. 5 Exclusion for certain matters (1) A success fee agreement must not be entered into in connection with a matter which may be the subject of civil proceedings of a description specified by the Scottish Ministers in regulations. 20 (1A) Regulations under subsection (1) may relate to all success fee agreements or to success fee agreements of a description specified by the Scottish Ministers in the regulations. 6 Personal injury claims (1) This section applies to a success fee agreement entered into in connection with a claim for damages for— 25 (a) personal injuries, or (b) the death of a person from personal injuries. (2) The agreement must provide that the recipient of the relevant services is not liable to make any payment (including outlays incurred in providing the services) to the provider in respect of the services, apart from the success fee, regardless of whether any damages 30 are obtained. (3) In subsection (2), “outlays” do not include any sums paid in respect of insurance premiums in connection with the claim to which the agreement relates. (4) The agreement must not provide that any damages for future loss obtained in connection with the claim (the “future element”) will be included in the amount of damages by 35 reference to which the success fee is to, or may, be calculated (the “relevant amount of damages”). (7) The agreement is unenforceable to the extent that it makes provision contrary to subsection (2) or (4). (9) In subsection (1), “personal injuries” include any disease and any impairment of a 40 person’s physical or mental condition. 4 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 2—Expenses in civil litigation 7 Form, content etc. (1) A success fee agreement must be in writing. (2) A success fee agreement must specify the basis on which the amount of the success fee is to be determined. 5 (3) The Scottish Ministers may by regulations make further provision about success fee agreements including in particular provision about— (a) their form and content (including their terms), (b) the manner in which they may be entered into, (c) their modification and termination, 10 (d) the resolution of disputes in relation to such agreements, (e) the consequences of failure to comply with the requirements of subsection (1) or (2) or the regulations, (f) the application of this Part, or any provision made under it, where a recipient receives relevant services from more than one provider in connection with the 15 same matter. (4) Regulations under subsection (3) may modify this section so as to— (a) add text to it, (b) modify any text added under paragraph (a).