§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Whether the rules governing agreements for legal services provided in Scotland differ from the Conditional Fee Agreements Regulations 1995 in relation to England and Wales; and, if so, whether they will summarise any significant differences.
§ The Minister of State, Scottish Office (Lord Fraser of Carmyllie)
There are differences. In Scotland there is no restriction on the type of action to which the arrangements can apply. The uplift is applied to fees for work undertaken by solicitors and counsel in the course of litigation, for which the other party to the litigation has been found liable. The uplift is not applied to fees for other items of work relating to the litigation, whether carried out before or after the commencement of litigation.