Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Statutes
- Table of Orders, Rules and Regulations
- Table of Cases
- 1 Law Society of Scotland Rules and Guidance on Fees
- 2 Pre-Action Protocols
- 3 Qualified One-Way Cost Shifting
- 4 Success Fee Agreements
- 5 Certification of Skilled Persons
- 6 Conduct and Expenses
- 7 Sanction for Counsel in the Sheriff Court
- 8 Party Litigants
- 9 Amendment of Pleadings
- 10 Caution, Consignation and Other Security
- 11 Expenses of Commissions
- 12 Pursuers’ Offers
- 13 Tenders
- 14 Abandonment
- 15 Interest on Expenses
- 16 Employment Cases
- 17 Group Proceedings
- 18 Family Proceedings
- 19 Interim Awards of Expenses
- 20 Additional Fees and Charges
- 21 Taxation of Expenses
- 22 Taxation Procedure
- 23 Practical Example of Judicial Account
- 24 Vexatious Litigant Orders
- 25 Simple Procedure
- 26 Miscellaneous Expenses Issues
- Appendices
- Index
Appendix 2 - Success Fee Agreement and Cooling Off Notice Templates
Published online by Cambridge University Press: 07 June 2023
- Frontmatter
- Contents
- Foreword
- Preface
- Table of Statutes
- Table of Orders, Rules and Regulations
- Table of Cases
- 1 Law Society of Scotland Rules and Guidance on Fees
- 2 Pre-Action Protocols
- 3 Qualified One-Way Cost Shifting
- 4 Success Fee Agreements
- 5 Certification of Skilled Persons
- 6 Conduct and Expenses
- 7 Sanction for Counsel in the Sheriff Court
- 8 Party Litigants
- 9 Amendment of Pleadings
- 10 Caution, Consignation and Other Security
- 11 Expenses of Commissions
- 12 Pursuers’ Offers
- 13 Tenders
- 14 Abandonment
- 15 Interest on Expenses
- 16 Employment Cases
- 17 Group Proceedings
- 18 Family Proceedings
- 19 Interim Awards of Expenses
- 20 Additional Fees and Charges
- 21 Taxation of Expenses
- 22 Taxation Procedure
- 23 Practical Example of Judicial Account
- 24 Vexatious Litigant Orders
- 25 Simple Procedure
- 26 Miscellaneous Expenses Issues
- Appendices
- Index
Summary
Success Fee Agreement and Cooling Off Notice Templates
SUCCESS FEE AGREEMENT
NOTICE OF THE RIGHT TO CANCEL
IN TERMS OF THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
Name : [insert client details]
Address : [insert client postal address]
Date : [insert date of signature]
Right to cancel (“cooling off period”)
You have the right to cancel this contract within 14 days without giving any reason. This notice was posted to you on [ ] and the cancellation period you are entitled to will expire at midnight on [ insert date 14 days after deemed service ].
To exercise the right to cancel this contract, you must inform us :-
[insert name and postal address for service of notice]
Email : [insert email address for sending notice ]
of your decision to cancel this contract by a clear statement (e.g. a letter sent by tracked post or email). You may use the attached model cancellation form if that is helpful but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Proof of posting should be obtained by you and produced on request. An email will date itself.
Effect of agreement
By signing a Success Fee Agreement you are agreeing to a success fee being deducted from any compensation which you are awarded. It is open to you to seek independent advice from a personal injury solicitor (at your own expense) as to the terms of the Agreement. The Law Society of Scotland have a list of specialist personal injury solicitors.
Effect of cancellation
If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
CANCELLATION FORM
To : [insert name and address for service of cancellation notice]
Email : [insert email address for sending notice]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [ (insert details) ] received on [ insert dates) ].
- Type
- Chapter
- Information
- ExpensesA Civil Practitioner's Handbook, pp. 351 - 358Publisher: Edinburgh University PressPrint publication year: 2022