187   Payment of premium under conditional costs agreement

(1)  A conditional costs agreement may provide for the payment of a premium on those costs otherwise payable under the agreement only on the successful outcome of the matter.

(2)  The premium is to be a specified percentage of those costs or a specified additional amount. The premium is to be separately identified in the agreement.

(3)  The premium is not to exceed 25% of those costs.

(4)  However, the regulations may vary that maximum percentage of costs. Different percentages may be prescribed for different circumstances.