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In forceAmended2020 Revised Edition

Part 8A · Conditional Fee Agreements

115C. Effect of conditional fee agreement

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Amended

Last amended by an amending law of 2022.

(1)

A conditional fee agreement does not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by, or any costs payable to the client by, any person who is not the solicitor, foreign lawyer or law practice entity that conducted the proceedings for the client, and that person may (unless he or she has otherwise agreed) require any costs payable or recoverable by him or her to or from the client to be assessed.

(2)

Despite subsection (1), the uplift fee (if any) is not recoverable from the person mentioned in that subsection.

(3)

Despite subsection (1), the client is not entitled to recover from any other person, under any order for the payment of any costs which are the subject of the conditional fee agreement, an amount that is more than the amount payable by the client to the solicitor, foreign lawyer or law practice entity that conducted the proceedings for the client.

(4)

It is an implied term of a conditional fee agreement that no claim may be made on a separate basis from the agreement by the solicitor, foreign lawyer or law practice entity in respect of any services, remuneration or costs in relation to the conduct and completion of the contentious proceedings in respect of which the agreement is made, except such services, remuneration or costs (if any) as are expressly provided in the agreement.

(5)

Subject to the provisions of this Part, the costs of a solicitor, a foreign lawyer or a law practice entity, in any case where there is a conditional fee agreement, are not subject to assessment nor to the provisions of section 118.

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