Funding and costs

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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Funding and costs content

Practice notes
This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...
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13th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. For how the conditional fee regime operates after the changes made by the...
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Produced in partnership with Sue Brown 9th Apr
Practice notes
Coronavirus (Covid-19): A scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in...
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9th Apr
Practice notes
FundingThe usual mechanisms for funding a clinical negligence claim are:•legal aid/public funding•conditional fee agreement (CFA)•damages-based...
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Produced in partnership with David Willink of Lamb Chambers 9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. See Practice Notes: Conditional fee agreements—definition and requirements,...
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Produced in partnership with Sue Brown 9th Apr
Practice notes
Position pre-1 April 2013ARCHIVED: After-the-event (ATE) insurance premiums and success fees continue to be recoverable where the policy or CFA was...
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9th Apr
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Apr
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Apr
Practice notes
BackgroundThe Access to Justice Act 1999 (AJA 1999) established the Legal Services Commission (LSC), the body which came into being on 1 April 2000 to...
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9th Apr
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
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24th Mar
Precedents
ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...
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24th Mar
Practice notes
This Practice Note explains how the damages-based agreement (DBA) regime operates including:•how DBAs work•the impact of the indemnity principle on...
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25th Feb
Q&As
The current position is that a legally aided litigant is not entitled to fee remission for the purposes of the issue fee for court proceedings. The...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 8th Jan
Practice notes
This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including:•what a CFA is•the...
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5th Jan

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