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— (a) by provision made in regulations under subsection (1), and (b) by, or in accordance with, 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, or in accordance with, 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— (a) may provide that any damages for future loss obtained in connection with the 35 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 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. 4 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 1—Success fee agreements (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 (b) exceeds £1,000,000 and— (i) the provider had not advised the recipient to accept that the future element 5 be paid in periodical instalments, and (ii) the condition in subsection (6) is met. (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 10 recipient’s best...