CFA ANALYSIS FORM USING THE UNDERWOODS METHOD

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1 Quality without compromise 79 Marlowes Hemel Hempstead Hertfordshire HP1 1LF England PO Box 764 Wellington 7654 Western Cape South Africa In association with van Wyk Fouchee Incorporated Cape Town South Africa CFA ANALYSIS FORM USING THE UNDERWOODS METHOD See Kerry s blog at: kerryunderwood.wordpress.com Underwoods Solicitors is a trading name of Law Abroad plc Registered in England: Number Registered Office: 79 Marlowes, Hemel Hempstead, Hertfordshire HP1 1LF PO Box 764, Wellington 7654, Western Cape, Republic of South Africa A list of directors is open to inspection at the registered office Freephone Authorized and regulated by The Solicitors Regulation Authority under number

2 2 Form 1 CFA ANALYSIS FORM USING THE UNDERWOODS METHOD (References are to The Conditional Fee Agreements Order 2013) CLIENT: PART ONE COSTS (ALL FIGURES INCLUSIVE OF VAT) A. FULL SOLICITOR AND OWN CLIENT PROFIT COSTS ( BASE COSTS ) + B. ATE PREMIUM (if absorbed within charge to client) + C. UNRECOVERED DISBURSEMENTS (if absorbed within charge to client) D. TOTAL E. PROFIT COSTS RECOVERED FROM OTHER SIDE F. MAXIMUM FEE TO BE CHARGED TO CLIENT (25% OF DAMAGES) G. BALANCE OF D MINUS E (SHORTFALL) H. ACTUAL SUCCESS FEE ( ) (F MINUS G) J. ACTUAL SUCCESS FEE AS A PERCENTAGE (H as a % of A) K. Is J 100% or LESS? (If Yes, the Success Fee complies with Article 3. If not it must be reduced to 100% of A resulting in a figure of.) L. Figure to be carried forward (lower of H or J) M. Is J 0% or less? If so no Success Fee is being charged and you may stop here + Insert 0 if not absorbed in charge to client

3 3 PART TWO: To be completed only if a Success Fee is being charged, that is J is over 0% N. Allowed Damages Pool * P. What is H as a percentage of N? (If it is 25% or below then the Success Fee complies with Article 5(1)(a) If not it must be reduced to a figure equal to 25% of N) SUMMARY Actual Success Fee as percentage of base costs (Figure J) Actual Success Fee as percentage of Allowed Damages Pool (Figure P) * The Allowed Damages Pool consists of:- - general damages for pain, suffering and loss of amenity (Article 5(2)(a)) - damages for pecuniary loss, other than future pecuniary loss (Article 5(2)(b)) net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions (CRU).

4 4 Form 2 CFA ANALYSIS FORM USING THE UNDERWOODS METHOD RTA PORTAL 3,000 (References are to The Conditional Fee Agreements Order 2013) CLIENT: PART ONE COSTS (ALL FIGURES INCLUSIVE OF VAT) B. FULL SOLICITOR AND OWN CLIENT PROFIT COSTS ( BASE COSTS ) 1,440 + B. ATE PREMIUM (if absorbed within charge to client) - + C. UNRECOVERED DISBURSEMENTS (if absorbed within charge to client) - D. TOTAL 1,440 E. PROFIT COSTS RECOVERED FROM OTHER SIDE 600 F. MAXIMUM FEE TO BE CHARGED TO CLIENT (25% OF DAMAGES) 750 G. BALANCE OF D MINUS E (SHORTFALL) 840 H. ACTUAL SUCCESS FEE ( ) (F MINUS G) - 90 J. ACTUAL SUCCESS FEE AS A PERCENTAGE (H as a % of A) -6.25% K. Is J 100% or LESS? Yes (If Yes, the Success Fee complies with Article 3. If not it must be reduced to 100% of A resulting in a figure of.) L. Figure to be carried forward (lower of H or J) -6.25% M. Is J 0% or less? Yes If so no Success Fee is being charged and you may stop here + Insert 0 if not absorbed in charge to client

5 5 PART TWO: To be completed only if a Success Fee is being charged, that is J is over 0% N. Allowed Damages Pool * P. What is H as a percentage of N? (If it is 25% or below then the Success Fee complies with Article 5(1)(a) If not it must be reduced to a figure equal to 25% of N) SUMMARY Actual Success Fee as percentage of base costs (Figure J) -6.25% Actual Success Fee as percentage of Allowed Damages Pool (Figure P) N/A * The Allowed Damages Pool consists of:- - general damages for pain, suffering and loss of amenity (Article 5(2)(a)) - damages for pecuniary loss, other than future pecuniary loss (Article 5(2)(b)) net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions (CRU).

6 6 Form 3 CFA ANALYSIS FORM USING THE UNDERWOODS METHOD RTA PORTAL 11,000 (References are to The Conditional Fee Agreements Order 2013) CLIENT: PART ONE COSTS (ALL FIGURES INCLUSIVE OF VAT) C. FULL SOLICITOR AND OWN CLIENT PROFIT COSTS ( BASE COSTS ) 1,920 + B. ATE PREMIUM (if absorbed within charge to client) - + C. UNRECOVERED DISBURSEMENTS (if absorbed within charge to client) - D. TOTAL 1,920 E. PROFIT COSTS RECOVERED FROM OTHER SIDE 960 F. MAXIMUM FEE TO BE CHARGED TO CLIENT (25% OF DAMAGES) 2,750 G. BALANCE OF D MINUS E (SHORTFALL) 960 H. ACTUAL SUCCESS FEE ( ) (F MINUS G) 1,790 J. ACTUAL SUCCESS FEE AS A PERCENTAGE (H as a % of A) 93% K. Is J 100% or LESS? Yes (If Yes, the Success Fee complies with Article 3. If not it must be reduced to 100% of A resulting in a figure of.) L. Figure to be carried forward (lower of H or J) 93% M. Is J 0% or less? No If so no Success Fee is being charged and you may stop here + Insert 0 if not absorbed in charge to client

7 7 PART TWO: To be completed only if a Success Fee is being charged, that is J is over 0% N. Allowed Damages Pool * 8,000 P. What is H as a percentage of N? 22.4% (If it is 25% or below then the Success Fee complies with Article 5(1)(a) If not it must be reduced to a figure equal to 25% of N) SUMMARY Actual Success Fee as percentage of base costs (Figure J) 93% Actual Success Fee as percentage of Allowed Damages Pool (Figure P) 22.4% * The Allowed Damages Pool consists of:- - general damages for pain, suffering and loss of amenity (Article 5(2)(a)) - damages for pecuniary loss, other than future pecuniary loss (Article 5(2)(b)) net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions (CRU).

8 8 Form 4 CFA ANALYSIS FORM USING THE UNDERWOODS METHOD RTA PORTAL (Out of Portal) 10,000 Settled pre issue (References are to The Conditional Fee Agreements Order 2013) CLIENT: PART ONE COSTS (ALL FIGURES INCLUSIVE OF VAT) D. FULL SOLICITOR AND OWN CLIENT PROFIT COSTS ( BASE COSTS ) 4,800 + B. ATE PREMIUM (if absorbed within charge to client) - + C. UNRECOVERED DISBURSEMENTS (if absorbed within charge to client) - D. TOTAL 4,800 E. PROFIT COSTS RECOVERED FROM OTHER SIDE 2,220 F. MAXIMUM FEE TO BE CHARGED TO CLIENT (25% OF DAMAGES) 2,500 G. BALANCE OF D MINUS E (SHORTFALL) 2,580 H. ACTUAL SUCCESS FEE ( ) (F MINUS G) - 80 J. ACTUAL SUCCESS FEE AS A PERCENTAGE (H as a % of A) -1.67% K. Is J 100% or LESS? Yes (If Yes, the Success Fee complies with Article 3. If not it must be reduced to 100% of A resulting in a figure of.) L. Figure to be carried forward (lower of H or J) -1.67% M. Is J 0% or less? Yes If so no Success Fee is being charged and you may stop here + Insert 0 if not absorbed in charge to client

9 9 PART TWO: To be completed only if a Success Fee is being charged, that is J is over 0% N. Allowed Damages Pool * P. What is H as a percentage of N? (If it is 25% or below then the Success Fee complies with Article 5(1)(a) If not it must be reduced to a figure equal to 25% of N) SUMMARY Actual Success Fee as percentage of base costs (Figure J) -1.67% Actual Success Fee as percentage of Allowed Damages Pool (Figure P) N/A * The Allowed Damages Pool consists of:- - general damages for pain, suffering and loss of amenity (Article 5(2)(a)) - damages for pecuniary loss, other than future pecuniary loss (Article 5(2)(b)) net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions (CRU).

10 10 Form 5 CFA ANALYSIS FORM USING THE UNDERWOODS METHOD EMPLOYERS LIABILITY PORTAL 20,000 out of Portal settle post-allocation pre-listing (References are to The Conditional Fee Agreements Order 2013) CLIENT: PART ONE COSTS (ALL FIGURES INCLUSIVE OF VAT) E. FULL SOLICITOR AND OWN CLIENT PROFIT COSTS ( BASE COSTS ) 9,600 (see Note) + B. ATE PREMIUM (if absorbed within charge to client) 2,000 + C. UNRECOVERED DISBURSEMENTS (if absorbed within charge to client) 500 D. TOTAL 12,100 E. PROFIT COSTS RECOVERED FROM OTHER SIDE 10,020 F. MAXIMUM FEE TO BE CHARGED TO CLIENT (25% OF DAMAGES) 5,000 G. BALANCE OF D MINUS E (SHORTFALL) 2,080 H. ACTUAL SUCCESS FEE ( ) (F MINUS G) 2,920 J. ACTUAL SUCCESS FEE AS A PERCENTAGE (H as a % of A) 30.4% K. Is J 100% or LESS? Yes (If Yes, the Success Fee complies with Article 3. If not it must be reduced to 100% of A resulting in a figure of.) L. Figure to be carried forward (lower of H or J) 30.4% M. Is J 0% or less? No If so no Success Fee is being charged and you may stop here

11 11 + Insert 0 if not absorbed in charge to client PART TWO: To be completed only if a Success Fee is being charged, that is J is over 0% N. Allowed Damages Pool * 10,000 P. What is H as a percentage of N? 29.2% (If it is 25% or below then the Success Fee complies with Article 5(1)(a) If not it must be reduced to a figure equal to 25% of N) SUMMARY Actual Success Fee as percentage of base costs (Figure J) 30.4% Actual Success Fee as percentage of Allowed Damages Pool (Figure P) 29.2% -> 25% * The Allowed Damages Pool consists of:- - general damages for pain, suffering and loss of amenity (Article 5(2)(a)) - damages for pecuniary loss, other than future pecuniary loss (Article 5(2)(b)) net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions (CRU). Note This figure is based on 20 hours 480 per hour, including VAT, which is extremely low for a case that has reached the stage of post-allocation/pre-listing and therefore it is unlikely that the cap will bite on this type of case generally.

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