Funding and costs

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Practice notes
Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...
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Produced in partnership with Sue Brown 19th May
Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Funding and costs content

Practice notes
Costs orders—children, protected parties and litigation friendsThis Practice Note considers the recovery of costs in proceedings involving a child or...
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31st Jul
Precedents
Letter of response in clinical negligence matters from 6 April 2015ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v...
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30th Jul
Precedents
Letter of notification in clinical negligence matters from 6 April 2015ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s...
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30th Jul
Practice notes
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
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8th Jul
Practice notes
Conditional fee agreements after 1 April 2013—personal injury and clinical negligenceThis Practice Note explains how the conditional fee regime...
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22nd Jun
Practice notes
Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...
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22nd Jun
Practice notes
Clinical Negligence Scheme for General PracticeCoronavirus (COVID-19): A scheme has been launched by NHS Resolution to meet liabilities arising from...
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16th Jun
Q&As
Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 5th Jun
Practice notes
Terminating retainers and transfer and variation of CFAs [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For how the...
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Produced in partnership with Sue Brown 5th Jun
Practice notes
ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]Position pre-1 April 2013ARCHIVED:...
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5th Jun
Practice notes
Clinical negligence claims—funding and costsFundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public...
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Produced in partnership with David Willink of Lamb Chambers 5th Jun
Practice notes
Qualified one-way costs shifting (QOCS)—case trackerThis case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in...
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5th Jun
Practice notes
Legal Aid Agency funding of clinical negligence casesBackgroundThe Access to Justice Act 1999 (AJA 1999) established the Legal Services Commission...
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5th Jun
Practice notes
Transfer of CFAs when law firms close, merge or change status [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. See...
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Produced in partnership with Sue Brown 5th Jun

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