Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 3 Part 1—Success fee agreements (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 5 of an amount that is higher than the maximum amount allowed for by virtue of this section. 5 Exclusion for family proceedings and other proceedings (1) A success fee agreement must not be entered into in connection with a matter which may be the subject of— 10 (a) family proceedings, or (b) other civil proceedings of a description specified by the Scottish Ministers in regulations. (2) In subsection (1)(a), “family proceedings” has the same meaning as in section 135 of the Courts Reform (Scotland) Act 2014. 15 6 Personal injury claims (1) This section applies to a success fee agreement entered into in connection with a claim for damages for— (a) personal injuries, or (b) the death of a person from personal injuries. 20 (2) The agreement must provide that the recipient of the relevant legal 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 are obtained. (3) In subsection (2), “outlays” do not include any sums paid in respect of insurance 25 premiums in connection with the claim to which the agreement relates. (4) The agreement— (a) may 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 reference to which the success fee is to, or may, be calculated (the “relevant 30 amount of damages”) if the future element is within subsection (5), but (b) otherwise, must provide that any future element will not be included in the relevant amount of damages. (5) The future element is within this subsection if it is to be paid in a lump sum and— (a) does not exceed £1,000,000, or 35 (b) exceeds £1,000,000 and— (i) the provider had not advised the recipient to accept that the future element be paid in periodical instalments, and (ii) the condition in subsection (6) is met. 4 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 2—Expenses in civil litigation (6) The condition is— (a) in the case where the damages are awarded by a court or tribunal, that the court or tribunal in awarding the future element has stated that it is satisfied that it is in the recipient’s best...