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Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Practice notes

Void contracts

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...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

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...

9th Nov

In-house

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

Practice notes

Court etiquette

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...

9th Nov

Practice notes

Mediation—advantages and disadvantages

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...

9th Nov

Practice notes

Economic tort of conspiracy

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...

9th Nov

Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

9th Nov

Practice notes

Litigant in person costs—financial loss and hourly rates

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...

9th Nov

Practice notes

Starting a GDPR compensation claim—a practical guide

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...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 9th Nov

Practice notes

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...

9th Nov

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

Security for costs—requirements and conditions (CPR 25.13)

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...

9th Nov

Practice notes

Detailed assessment—interim and final costs certificates

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...

9th Nov

Practice notes

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

COVID-19

Practice notes

Costs of discontinuing a claim—the general rule

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...

9th Nov

Most recent Funding arrangements content

Q&As

If the deceased died intestate and a claim was commenced prior to letters of administration, should a new conditional fee agreement (CFA) be entered into?

Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...

29th Nov

Q&As

Can you obtain disclosure against either the third party themselves or the claimant’s solicitors to ascertain the claimant’s means of funding? Can such disclosure be sought prior to joining the third party to proceedings for the purposes of obtaining an Non-Party Costs Order under section 51 of the Senior Courts Act 1981?

Non-party cost orders (NPCOs) against family membersThe first issue to consider is that while it is possible to obtain a non-party cost order (NPCO)...

28th Nov

Q&As

Can a term be implied into a CFA?

There is little authority in this area. The underlying substantive law in relation to implied terms is considered in Practice Note: Express and...

28th Nov

Q&As

Can I enter into a retrospective CFA?

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...

28th Nov

Q&As

Is it possible to assign or otherwise transfer the benefit of a pre-Legal Aid, Sentencing and Punishment of Offenders Act 2012 conditional fee agreement in order to benefit from or preserve the ability to recover a success fee/after-the-event premium?

For conditional fee agreements (CFAs) entered into on or after 1 April 2013 (the date on which provisions in Legal Aid, Sentencing and Punishment of...

28th Nov

Q&As

Does a CFA have to include a success fee to be enforceable?

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....

Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov

Q&As

If a client loses their mental capacity does this invalidate an existing CFA?

Where a client has entered into a conditional fee agreement (CFA) and later loses their mental capacity, that incapacity does not, of itself,...

28th Nov

Q&As

In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?

In this Q&A we have focussed on the recoverability of after the event (ATE) insurance premiums generally.Introduction to ATE insurance and the...

Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov

Q&As

What provision governs the other side objecting to a budget?

Costs budgeting forms part of the formal costs management process introduced into civil litigation on 1 April 2013 through the Jackson Reforms. Costs...

28th Nov

Q&As

Challenging the construction of Conditional Fee Agreements (CFAs)

Is it possible to retrospectively amend a Conditional Fee Agreements (CFA)?In Frade v Radford, the Court of Appeal considered whether to grant...

28th Nov

Q&As

If you represent a client at a multi disciplinary meeting relating to eligibility for continuing health care (care home fees etc) does this amount to advocacy under the CFA legislation?

Conditional Fee Agreements statutory frameworkConditional Fee Agreements (CFAs) are subject to specific requirements which are set out in Practice...

28th Nov

Q&As

Following your report on Kerins v Heart of England NHS Foundation Trust is it now necessary or recommended to serve Notice of Funding in relation to a BTE insurance policy?

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...

28th Nov

Q&As

Will the 10% increase in damages after 1 April 2013 apply where there is a CFA in place entered into prior to 1 April 2013?

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...

28th Nov

Q&As

Legal expenses insurance policy—can a party choose their own lawyer?

Legal expenses policies are governed by The Insurance Companies (Legal Expenses Insurance) Regulations 1990. These regulations address the freedom to...

28th Nov

Q&As

Is a CFA entered into by a client at their home, rather than a solicitors office, valid?

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....

28th Nov

Q&As

What is a CFA lite and how are they regulated?

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...

28th Nov

Q&As

Can a damages based agreement (DBA) be nullified on the grounds that the solicitor acted negligently?

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...

28th Nov

Q&As

If a party to litigation has the benefit of a public funding certificate, can they claim costs awarded in their favour and payable by their opponent at private client rates (eg in accordance with the guideline rates) or are they restricted to the hourly rate that the legal aid board will pay to their solicitors?

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...

Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov

Q&As

Circumstances have changed since I entered into a CFA—do I need to do anything?

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...

28th Nov

Q&As

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?

A conditional fee agreement (CFA) is an agreement with a person providing advocacy or litigation services which provides for their fees and expenses...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov