Funding arrangements

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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
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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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
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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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
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 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
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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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 arrangements content

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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6th Jun
Q&As
Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?This issue was considered by the Senior Courts Cost...
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6th Jun
Q&As
Can I change the success fee in a pre-1 April 2013 CFA?The general position is that CFAs entered into prior to 1 April 2013 are covered by...
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6th Jun
Q&As
Legal expenses insurance policy—can a party choose their own lawyer?Legal expenses policies are governed by The Insurance Companies (Legal Expenses...
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6th Jun
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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5th Jun
Q&As
Do I need to notify the court and other parties of changes to a pre-commencement CFA?Requirement to notify changesYou will need to notify the court in...
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5th Jun
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...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 5th Jun
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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5th Jun
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...
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5th Jun
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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5th Jun
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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5th Jun
Q&As
Can a discounted CFA be used where a client has legal expense insurance (LEI) so that the usual charge out rate applies if successful, but the LEI...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 5th Jun
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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5th Jun
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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5th Jun
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...
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5th Jun
Q&As
If the 'win' clause in a CFA names a specific defendant what happens if a different person pays the damages sought? Is this still regarded as a...
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5th Jun
Q&As
What is a statement of reasons and is it still relevant following the Jackson Reforms?What is statement of reasons?A party entering into a CFA with a...
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5th Jun

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