Recovery of Success Fees and Insurance Premiums

The Access to Justice Act 1999 (Transitional Provisions) Order 2000 provided that paragraphs (6) and (7) of s58A of the Courts and Legal Service Act 1990 (which are inserted by s27 of the 1999 Act and relate to the recovery, under a costs order, of fees under a conditional fee agreement), and ss29 (recovery of insurance premiums by way of costs) and 30 (recovery where a body undertakes to meet costs liabilities), do not apply to, respectively, conditional fee agreements, insurance policies or a body’s undertaking to meet costs liabilities, where there is a conditional fee agreement, insurance policy or undertaking in force before 1 April 2000 in respect of the same proceedings, or proceedings arising out of the same cause of action. The order also contains a saving provision in respect of conditional fee agreements entered into before 1 April 2000.