Funding arrangements

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Funding arrangements content

Practice notes
Challenging funding arrangements—general principlesThis Practice Note is concerned with challenges to funding arrangements associated with retainers...
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Produced in partnership with Nicholas Lee of Paragon Costs 18th Aug
Practice notes
Funding arrangements—Jackson Reforms [Archived]ARCHIVED: This Practice Note is archived and is for historical purposes only.The underlying legislation...
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18th Aug
Practice notes
Conditional fee agreements—assignment of a CFAThere are a variety of reasons why assignment of a conditional fee agreement (CFA) may be required....
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18th Aug
Practice notes
Costs insuranceThis Practice Note looks at costs insurance (sometimes known as legal expense insurance (LEI)), which is the means by which an insured...
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18th Aug
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...
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18th Aug
Q&As
If the 10% increase in damages was not discussed with the claimant, is this a relevant consideration for the defendant at detailed assessment?The...
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18th Aug
Q&As
Can I recover the costs associated with entering into a funding agreement?The court’s general discretion to award costsThe court has a general...
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18th Aug
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...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 18th Aug
Q&As
If a claimant has entered into a CFA prior to 1 April 2013, but has not notified the defendant until after the coming into effect of the new rules,...
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18th Aug
Q&As
What impact does an invalid CFA have on the costs provisions in the underlying retainer?If a CFA is invalid no costs are recoverable under it. For a...
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18th Aug
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...
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18th Aug
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...
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18th Aug
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...
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18th Aug
Q&As
What is the impact of human rights on costs recovery in publication and privacy proceedings?STOP PRESS: The cases discussed in the below Q&A have now...
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18th Aug
Q&As
I need to serve a notice of funding but where can I find the relevant CPR provisions?Where a claimant wishes to be able to recover its success fee...
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18th Aug
Q&As
Does legal aid qualify as a funding arrangement for the purposes of serving a notice of funding?Requirement to serve a notice of fundingPrior to legal...
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18th Aug

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