with an additional success fee to be paid in the event of a successful outcome to the litigation. In England, the success fee must be a percentage, no greater than 100% of the contractual hourly fee. This contrasts with the contingency fee in the US, which gives the successful attorney a percentage of the damages recovered by the attorney's client. In 19th century English law, conditional fees were controversial, especially in the Swynfen will case, as they were held to offend ancient prohibitions against champerty and maintenance. However, conditional fees were introduced by the Courts and Legal Services Act 1990 (section 58), and were recognized by statute in 1995. Initially, the success fee was not recoverable from the losing party, but on 1 April 2000, section 27 of the Access to Justice Act 1999 amended the Courts and Legal Services Act 1990 to allow recovery of success fees from the losing party. The regulations that accompanied this change in the law (the Conditional Fee Agreements Regulations 2000) were far from clear, and the result was that a great deal of satellite litigation took place. On 1 November 2005, these regulations were revoked, and now it is much easier to enter into conditional fee agreements than before. The chances of having a case accepted on conditional fee are greatly increased if the case is investigated by a legally qualified professional. On 29 March 2011, Justice Secretary Kenneth Clarke announced plans to reform contingent fee arrangements, as part of reforms to the justice system prompted by a review of civil litigation costs carried out by Lord Justice Jackson. The changes were prompted by large rises in litigation costs and the proliferation of ambulance chasing advertisements and claim farmers. Following the introduction of contingent fees, the National Health Service had to pay out hundreds of millions of pounds in compensation for malpractice claims. Fee reforms were implemented in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under the new arrangements, claimants with contingent fee agreements still do not pay upfront fees or have to cover their lawyers' costs if the case is lost. If they win then they pay a "success fee" that is capped at 25% of the awarded damages. The status of contingent fees is different in Scotland, where it is lawful to agree that the lawyer gets paid only if the case is won (the speculative action). It