All Types of Agreement. General Provisions
All Types of Agreement. General Provisions Subject to the relevant provisions set out above, if the Lay Client Wins the Claim, the Professional Client will be liable for Counsel’s Ordinary Fees, Expenses, and Success Fee. Subject to the provisions in the Schedule, that liability will exist regardless of whether the Professional Client has been put in funds. If any monies become payable during the lifetime of the Claim, those monies may (and upon request by the Professional Client, will) be invoiced at any time after they become payable. Fee notes for those monies will be payable upon receipt regardless of the outcome of the Claim. If this Agreement ends as a result of the Lay Client and/or the Professional Client having failed to discharge the obligations under “The Lay Client’s Responsibilities” and/or “the Professional Client’s Responsibilities”, the Professional Client will be liable to pay Ordinary Fees and Expenses in full; if the Lay Client then goes on to Win the Claim, the Professional Client will also pay a Success Fee. If on the way to Winning or Losing the Claim the Lay Client Wins an Interim Hearing, then (subject to the provisions set out above and to the provisions in the Qualifications and Conditions) Counsel is entitled to immediate payment of Ordinary Fees and Expenses relating to that hearing. If the Lay Client subsequently Wins overall, a Success Fee will, in addition, be payable. Where there is disagreement as to whether the Claim has been Won, the matter shall be referred to an independent barrister of not less than 10 years call who will decide the issue on the basis of written submissions; that barrister’s decision will be binding on the parties and will be final. The Success Fee The Success Fee is calculated in accordance with the provisions in the Schedule. It is calculated by multiplying the Percentage Increase by the Ordinary Fees. If the claim is a Personal Injuries claim (within the meaning of that phrase as used in the Conditional Fee Agreements Regulations 2013) the Success Fee is subject to the following maximum limits: In proceedings at first instance (i.e., the Claim itself before any appeal), 25 percent of the Applicable Damages; and In all other proceedings (i.e., any appeal), 100 percent of the Applicable Damages. Unless it is expressly agreed is writing, no part of the Success Fee relates to the postponement of payment of the fees and expenses. The Success Fee cannot be more than 100 percent of the Ordinary Fees; if for whatever reason it is ...
