Success Fee Agreements in Scotland

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Closes 31 Jan 2019


1. Please indicate if you are content with the success fee caps recommended by Sheriff Principal Taylor.

2. This paper outlines reasons why it may be necessary to prohibit the use of success fee agreements in relation to family proceedings but possibly other kinds of proceedings as well. In order to assist in the drafting of regulations in this regard: we ask three questions.

3. We are seeking your views on further regulatory provision about success fee agreements.

a.   Do you agree with the proposed content of regulations to make further regulatory provision about success fee agreements in Scotland?

b.   Do you think that any of the material need not be included?

3c.   Do you think that there are other areas which should be covered?

4. Do you agree that the kind of arrangement described in paragraph 43 should not be permitted in a success fee agreement?

5. Do you think that formal Government regulation is required to make it clear that providers of relevant services may not provide legal aid, whether in the form of advice and assistance or civil legal aid, when a success fee agreement is in prospect or in place?

6. Do you think that any change in funding, whether from legal aid to a success fee agreement, or the other way about, requires formal Government regulation in relation to information/notification requirements or case-end formalities?