Can I enter into a damages-based agreement for a divorce case?

I know I cannot enter into a conditional fee agreement in criminal and matrimonial cases. Can I enter into a damages-based agreement for a divorce case?

No. Under the Courts and Legal Services Act 1990, the same prohibited categories of work apply to damages-based agreements (DBAs) as they do to conditional fee agreements (CFAs).

Under section 58AA (4)(aa):

“the agreement—

must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Lord Chancellor.”

Pursuant to sections 58A(1) and (2):

“the proceedings which cannot be the subject of an enforceable conditional fee agreement are—

(a) criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990; and

(b) family proceedings.

‘Family proceedings’ is defined in s58A(2).”

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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