Funding arrangements

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...
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9th Nov
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes
What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...
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9th Nov

Most recent Funding arrangements content

Q&As
Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...
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29th Nov
Q&As
There is little authority in this area. The underlying substantive law in relation to implied terms is considered in Practice Note: Express and...
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28th Nov
Q&As
The simple answer is yes.Whether you can enter into a retrospective conditional fee agreement (CFA) is not a matter of statute but one of common law...
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28th Nov
Q&As
What is a CFA?A conditional fee agreement (CFA) is a type of funding agreement which is more commonly referred to as a ‘no win no fee’ agreement....
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Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov
Q&As
Where a client has entered into a conditional fee agreement (CFA) and later loses their mental capacity, that incapacity does not, of itself,...
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28th Nov
Q&As
In this Q&A we have focussed on the recoverability of after the event (ATE) insurance premiums generally.Introduction to ATE insurance and the...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov
Q&As
Costs budgeting forms part of the formal costs management process introduced into civil litigation on 1 April 2013 through the Jackson Reforms. Costs...
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28th Nov
Q&As
Is it possible to retrospectively amend a Conditional Fee Agreements (CFA)?In Frade v Radford, the Court of Appeal considered whether to grant...
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28th Nov
Q&As
Conditional Fee Agreements statutory frameworkConditional Fee Agreements (CFAs) are subject to specific requirements which are set out in Practice...
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28th Nov
Q&As
This question arises out of the following News Analysis: Failure to notify CFA/insurance cover reduces costs by half (Kerins v Heart of England NHS...
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28th Nov
Q&As
The 10% increase in general damages in all civil claims decided after 1 April 2013 does not apply if the case is funded by way of a pre-commencement...
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28th Nov
Q&As
Legal expenses policies are governed by The Insurance Companies (Legal Expenses Insurance) Regulations 1990. These regulations address the freedom to...
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28th Nov
Q&As
In some cases, a client will be unable to attend their solicitor's offices to sign a conditional fee agreement (CFA) eg in personal injury disputes....
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28th Nov
Q&As
What is the definition of a CFA?A conditional fee agreement (CFA) is defined in section 58 (2)(a) of the Courts and Legal Services Act 1990 (CLSA...
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28th Nov
Q&As
In answering this Q&A, we note that it refers to the existence of a damages based agreement (DBA) between solicitor and client and that it is this...
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28th Nov
Q&As
In this Q&A it has been assumed that it is referring to a situation in which the legal aid certificate was issued after 01.04.2013, and have taken...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov
Q&As
Whether you need to do anything will depend on the date you entered into the conditional fee agreement (CFA).CFAs entered into from 1 April 2013...
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28th Nov

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