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3.—(1) A damages-based agreement must not be entered into in connection with a matter which is or may become the subject of family proceedings.
(2) In paragraph (1)—
(a)“damages-based agreement” is a success fee agreement under which the success fee is determined by reference to the amount of financial benefit obtained by the recipient,
(b)“family proceedings” has the same meaning as in section 135 of the Courts Reform (Scotland) Act 2014(1).
(3) Nothing in paragraph (1) is to be construed as restricting the use of other types of success fee agreement.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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