Legal Services, England And Wales Citation, commencement, interpretation and application 1 1 This Order may be cited as the Conditional Fee Agreements Order 2013 and will come into force on 1st April 2013. 2 In this Order— “the 1986 Act ” means the Insolvency Act 1986 ; “the 1990 Act ” means the Courts and Legal Services Act 1990; “claim for personal injuries” has the same meaning as in Rule 2.3 of the Civil Procedure Rules 1998 ; “company” means a company within the meaning of section 1 of the Companies Act 2006 or a company which may be wound up under Part V of the 1986 Act; “diffuse mesothelioma” has the same meaning as in section 48(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ; “news publisher” means a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs; “publication and privacy proceedings” means proceedings for— defamation; malicious falsehood; breach of confidence involving publication to the general public; misuse of private information; or harassment, where the defendant is a news publisher. “representative” means the person or persons providing the advocacy services or litigation services to which the conditional fee agreement relates. Agreements providing for a success fee 2 All proceedings which, under section 58 of the Act, can be the subject of an enforceable conditional fee agreement, except proceedings under section 82 of the Environmental Protection Act 1990 , are proceedings specified for the purpose of section 58(4)(a) of the Act. Amount of success fee 3 In relation to all proceedings specified in article 2, the percentage specified for the purposes of section 58(4)(c) of the Act is 100%. Specified proceedings 4 A claim for personal injuries shall be proceedings specified for the purpose of section 58(4A)(b) of the Act. Amount of success fee in specified proceedings 5 1 In relation to the proceedings specified in article 4, the percentage prescribed for the purposes of section 58(4B)(c) of the Act is— a in proceedings at first instance, 25%; and b in all other proceedings, 100%. 2 The descriptions of damages specified for the purposes of section 58(4B)(d) of the Act are— a general damages for pain, suffering, and loss of amenity; and b damages for pecuniary loss, other than future pecuniary loss, net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions. Transitional and saving provisions 6 1 Articles 4 and 5 do not apply to a conditional fee agreement which is entered into before the date upon which this Order comes into force if— a the agreement was entered into specifically for the purposes of the provision to a person (“P”) of advocacy or litigation services in connection with the matter which is the subject of the proceedings; or b advocacy or litigation services were provided to P under the agreement in connection with those proceedings before that date. 2 Articles 4 and 5 do not apply to any conditional fee agreement entered into in relation to— a proceedings relating to a claim for damages in respect of diffuse mesothelioma; b publication and privacy proceedings; c proceedings in England and Wales brought by a person acting in the capacity of— i a liquidator of a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; or ii a trustee of a bankrupt’s estate under Part IX of the 1986 Act; d proceedings brought by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the 1986 Act; e proceedings in England and Wales brought by a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; or f proceedings brought by a company which has entered administration under Part II of the 1986 Act. Revocation of 2000 Order 7 The Conditional Fee Agreements Order 2000 is revoked. Signed by authority of the Lord Chancellor Helen Grant Parliamentary Under Secretary of State Ministry of Justice 19th March 2013