Pre-action Conduct of Litigation
|
|
- Erik Flynn
- 8 years ago
- Views:
Transcription
1 Chapter 2: Pre-action Conduct of Litigation Outline 2.1 Introduction 2.2 Financing litigation 2.3 Pre-action protocols and the Practice- Direction on Pre-Action Conduct and Protocols 2.4 Protocols relevant to personal injury claims 2.5 Example checklist for initial interview with client in personal injury claim 2.6 Low value personal injury protocol claims 2.7 Pre-Action Protocol for Personal Injury Claims (the Personal Injury Protocol) 2.8 Compliance with the pre-action protocols when limitation approaches 2.9 Failure to comply with the pre-action protocols 2.10 Defendant s insurers and the Motor Insurers Bureau 2.11 Debt claims 2.12 Summary Aims of this Chapter This chapter will enable you to achieve the following learning outcomes from the CILEx syllabus: 2 Understand how civil actions are funded 3 Understand how to commence and defend actions in civil proceedings 2.1 Introduction This chapter considers the steps to be taken prior to the issue of court proceedings. The tasks that a solicitor undertakes on behalf of the client at the outset are particularly important. There is a great deal of work to do, particularly in personal injury cases, before a claimant s solicitor can issue proceedings. If this initial work is not carried out thoroughly and instructions are not taken fully, at best the solicitor could suffer the embarrassment of having to keep referring back to the client for simple details and information. At worst, the solicitor may have obtained only half of the information required and, if proceedings are issued on this basis, they may be struck out. Remember also that the court will expect the parties, in accordance with the overriding objective, to act reasonably and, in general, to try to avoid the issue of proceedings. It would not be in accordance with the ethos of CPR to issue proceedings without preaction work by both the claimant s and the defendant s solicitors. It may seem odd, but at the beginning of an action it is important to remind the client that the likelihood of reaching trial is not very high. The vast majority of actions settle before trial, and letters to clients should never be expressed in terms of when this matter goes to trial.... Trial is only ever a small possibility. 2.2 Financing litigation How a case will be financed is of crucial importance, both to the firm (as the method may influence how much and how quickly the firm will be paid) and to the client. There are a number of alternative ways through which litigation may be financed. UQ09 CLS 17
2 At the outset of the case the solicitor must discuss the issue of costs with the client. They should give the client the best information possible about the likely overall costs and should explain the client s potential liability for his own costs and for those of the other parties (e.g. if the client were to lose the case, the court may order him to pay the opponent s costs). LASPO 2012 introduced sweeping changes to the methods of funding civil litigation. These changes apply to solicitor/client funding agreements entered into on or after 1 April For several years there will remain cases funded under the agreements in place before 1 April In practice, a solicitor or paralegal practitioner, on receiving a file, will have to check the funding agreement in place to ascertain not only the method of funding (i.e. the type of funding agreement) but also which rules apply to it (i.e. those before or those from 1 April 2013). This manual will focus on current procedural law since April General costs rule in civil litigation The usual rule in civil litigation is that the unsuccessful party in proceedings is ordered to pay the successful party s costs (CPR r44.2(2)(a)). This is often referred to as costs following the event. It simply means that the costs liability shifts on to whoever loses and the losing party, therefore, pays the winning party s costs in addition to their own solicitor s costs. This gives rise to the expression that the loser pays twice. Unless costs are fixed under CPR, costs are awarded at the court s discretion, so the court may make a different order. The other side s costs generally have to be paid out of the losing party s personal resources. It may be possible for the client to arrange after the event (ATE) insurance to cover the liability to pay the other side s costs. There are a number of methods of funding a civil litigation claim: by retainer, under a conditional fee agreement, under a damages-based agreement, by public funding (this now has very limited application), or with a before-theevent insurance policy Retainer The traditional method, called a retainer, is for the client to pay the solicitor s costs of conducting the case at an agreed hourly rate. Charge-out rates are based on the salaries of the staff and fee-earners working at the solicitor s office together with an element representing the firm s profits. A common approach is to fix a single hourly rate for each fee-earner (or grade of feeearner) in the firm, taking these factors into account. In addition, the client will be expected to pay for disbursements. These are sums paid by the firm during the course of litigation in respect of experts and counsel s fees, the cost of making copies of photographs and similar expenditure. A client care letter, which should include the funding arrangements and, if possible, an estimate of the future costs, should be sent to the client in the early stages after the firm is retained. It is normal to ask for a sum on account of costs at this stage and it is sensible to agree to periodical billing of the client (which avoids the client being taken by surprise by a large bill at the end of the case and also assists with the firm s cash flow). 18 UQ09 CLS
3 There is a duty to keep the client informed about the level of costs incurred on his behalf. The retainer should be run in accordance with the SRA Code of Conduct (incorporated into the SRA Handbook in October 2011), or it could affect the whole validity of the retainer (meaning the firm may not get paid at all). If costs are fixed under CPR, the solicitor can only charge the client the prescribed fixed costs (see 2.6.4) Conditional fee agreements (1) General provisions The client and the solicitor s firm may agree to enter into a conditional fee agreement (CFA). The aim of these agreements is that the client will not have to pay anything to the firm acting for him (except disbursements in some cases) if the case is lost but, if successful, the firm will be entitled to charge the client at the lawyer s usual rate plus a percentage mark-up on this rate, known as the success fee. A CFA protects the client against liability for his own solicitor s costs if the claim does not succeed but does not protect against liability for the successful opponent s costs (under the costs shifting rule that effectively requires the losing party to pay twice (see 2.2)) or against liability for his own disbursements. In some cases the client will take out an insurance policy (ATE insurance) to cover himself for the potential liability of paying the opponent s costs and his own disbursements if he were to lose the case. CFAs are often referred to as no win no fee agreements because the combination of the CFA and ATE insurance effectively safeguards a claimant from liability for his own solicitor s costs and the opponent s legal costs if the claim fails. The success fee will be a percentage of the costs otherwise chargeable to the client and should be related to the risks involved in the litigation. (2) Requirements s58 Courts and Legal Services Act 1990 (CLSA 1990) states that a CFA must be in writing, not relate to criminal or family proceedings, the percentage of any success fee must be specified and must not exceed 100 per cent of base costs. There are different types of speculative funding available, but these are not considered on this course. References to CFAs on this course relate to CFAs with a success fee, which is the most common type of arrangement, especially in personal injury cases. For CFAs entered into on or after 1 April 2013, the success fee and any ATE insurance premium are deductible from the client s damages (ss44 and 46 LASPO 2012, which amend ss58a and 58C CLSA 1990). This contrasts with provisions before 1 April 2013 which obliged the losing party to pay the successful party s success fee and any ATE insurance premium. UQ09 CLS 19
4 (3) The success fee The success fee is calculable as a percentage of the costs chargeable to the client. The success fee is subject to a maximum limit expressed as a percentage of the winning party s damages and referred to as a cap. For personal injury claims the success fee is capped at 25 per cent of damages and for other claims the cap is 100 per cent of damages. The success fee applies to general damages and past losses, less benefits recoupable by the Department of Work and Pensions (it is not applied to future losses). Where a global offer of settlement is received from the opponent (i.e. one that includes future losses or recoupable benefits), the solicitor or legal executive needs to advise the client how they calculate general damages and past losses so as to calculate and advise whether there would be any deduction from the damages by way of the success fee, and whether the cap applies. (To provide some redress for the success fee being deducted from the claimant s damages, there has been a 10 per cent increase in general damages. The maximum success fee, as mentioned, is calculated by reference to the winning party s costs and capped at a specified percentage of the damages. This represents the maximum amount that the client might have to pay from his damages for the success fee. It is important to remember that the actual success fee to be paid is calculated by reference to the solicitor s base costs. An example is provided below. Damages agreed for personal injury claim: 20,000 Costs incurred (including VAT and counsel s fees): 8,000 Success fee (agreed between solicitor and client as 30 per cent): 2,400 (30 per cent x 8,000) The maximum success fee (capped success fee) that the client would be expected to pay from his damages is calculated by reference to the damages agreed between the parties or awarded by the court ( 20,000). Therefore, the success fee should not exceed 5,000 (25 per cent x 20,000). The solicitor s costs incurred total 8,000, 30 per cent of which is 2,400 and therefore within the maximum deductible amount (within the cap). Solicitor s total costs including success fee: 10,400 ( 8,000 payable from losing party and 2,400 payable from the claimant s damages) Claimant receives: 17,600 The success fee and children and protected parties The courts are traditionally reluctant to order a deduction of the success fee from damages for a child claimant or a protected party (where the claimant lacks mental capacity). From April 2015, CPR Part 21 indicates how and when the success fee may be deducted in these claims. Payment from the claimant s 20 UQ09 CLS
5 2015 Copyright CILEx Law School Limited All materials included in this CLS publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of CILEx Law School Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. CILEx Law School Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2015 by: CILEx Law School Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB British Library Cataloguing in Publication Data A catalogue record for this manual is available from the British Library. ISBN
Preliminary Considerations. This chapter will enable you to achieve the following learning outcomes from the CILEx syllabus:
Chapter 2: Preliminary Considerations Outline 2.1 Introduction 2.2 Limitation 2.3 Calculating limitation periods 2.4 Viability 2.5 Financing litigation 2.6 Summary Aims of this Chapter This chapter will
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Understanding Undefended Debt Claims 1.1 Definition of debt 1.2 Introduction 1.3 Taking instructions 1.4 Tracing debtors
More informationEmployer s Liability in a Practical Context
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An
More informationprofessional negligence:
professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court
More informationCONDITIONAL FEE AGREEMENTS GUIDANCE
Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending
More informationGUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS
GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationGuide to litigation costs and funding
Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event
More informationbriefing Guide to litigation funding
briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationConditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationConditional Fee Agreement (CFA)
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
More informationSample. Equitable Remedies: Specific Performance. 2.1 Introduction. Aims of this Chapter. Jenny wins the lottery. Outline
Chapter 2: Equitable Remedies: Specific Performance Outline 2.1 Introduction 2.2 Equitable remedies: general nature 2.3 Specific performance: general nature 2.4 Situations where specific performance will
More information2.1 Introduction 2.2 Medical bodies and personnel 2.3 Medical specialities 2.4 Parts of the body 2.5 Common injuries in personal injury cases.
Chapter 2: Outline 2.1 Introduction 2.2 Medical bodies and personnel 2.3 Medical specialities 2.4 Parts of the body 2.5 Common injuries in personal injury cases 2.6 Common medical terms 2.7 Common medical
More informationEXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689
EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of
More informationThe New CFA and DBA Regime. Simon Edwards
The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring
More informationquestions fees payable under the new process?
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 3 Q72. Will paper hearings be allowed for child claims? A72. No. All child claims will require an oral hearing.
More informationPERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL
PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS
More informationDBA Regulations. My understanding of the decisions that have been made and questions that may arise are:
DBA Regulations I have considered the Damages Based Agreements Regulations and the manner in which they may be re written for the purposes of including DBA's for all claims over and above employment matters.
More informationDAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry
DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES Colm Barry Both CFAs and DBAs are a type of contingency fee. Contingency fees generally are unlawful for contentious business except where permitted by statute.
More informationClinical Negligence. Investigating Your Claim
www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The
More informationNOTES on Funding Your Claim
NOTES on Funding Your Claim Funding is important because with some forms of funding you might be required to pay costs (either to us or to the defendant). As such, we set out the options. For the reasons
More informationThe Jackson Reforms Jan Thompson, Director
The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord
More informationL.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION
LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION Introduction
More information1.3 Analyse the roles of the key participants in a PI case
Title Introductory Considerations for Personal Injury Lawyers Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand
More informationHow To Understand The Law Of Germany
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationGUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM
GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,
More informationCFAs & ATE Policies Implications for Professional Indemnity Market
CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury
More informationChapter 2: Negligence: The Duty of Care General Principles and Public Policy
Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Outline 2.1 Introduction 2.2 Donoghue v Stevenson [1932] 2.3 The three-stage test: foreseeability, proximity and fair, just
More informationAPIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,
SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)
More informationDamages Based Agreements: The Basics
Damages Based Agreements: The Basics The main provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on the 1st April 2013 and promise to herald a major change
More informationBar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper
Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to
More informationShort Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationTHE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms
THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models
More informationReport of the Working Party on Damages Based Agreements (Contingency Fees)
Report of the Working Party on Damages Based Agreements (Contingency Fees) 1. The terms of reference of the Working Party (WP ) were set out by Lord Justice Jackson on behalf of the Civil Justice Council
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationIMF (Australia) Ltd. Combined Financial Services Guide and Product Disclosure Statement
IMF (Australia) Ltd Combined Financial Services Guide and Product Disclosure Statement Dated the 18th day of January 2010 FINANCIAL SERVICES GUIDE & PRODUCT DISCLOSURE STATEMENT PAGE 2 1. Introduction
More informationCIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT
Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL
More information1.3 Analyse the roles of the key participants in a PI case
Title Introductory Considerations for Personal Injury Lawyers Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationL.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS
LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction
More informationHER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers
More informationMajor UK Government Proposals on Reform of Litigation Costs and Funding
Major UK Government Proposals on Reform of Litigation Costs and Funding Dr Christopher Hodges Head of the CMS Research programme on Civil Justice Systems Centre for Socio-Legal Studies University of Oxford
More informationFIXED COSTS PART 45. Contents of this Part
FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount
More informationLevel 2 Award/Certificate/Diploma in Legal Studies 7462-206 Personal injury procedures Y/501/5543
www.cityandguilds.com August 2008 Version 1.1 Level 2 Award/Certificate/Diploma in Legal Studies Personal injury procedures Y/501/5543 Assignment version: Sample This guide contains assessor and candidate
More informationClinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
More informationCAREERS AND QUALIFICATIONS GUIDE. Earn As You Learn: Your best route to a career as a lawyer
CAREERS AND QUALIFICATIONS GUIDE Earn As You Learn: Your best route to a career as a lawyer THINKING OF A CAREER IN LAW? The Chartered Institute of Legal Executives offers unparalleled access to a flexible
More informationThis agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.
Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything
More informationHow To Get After The Event Insurance For Clinical Negligence Litigation
After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance
More informationChallenges to Solicitors charges in the post Jackson era
Challenges to Solicitors charges in the post Jackson era Keith Hayward Victory Legal Costs Solicitors Tel: 0844 980 1690 Fax: 0844 980 1691 Web: www.victorylegal.co.uk E-Mail: keith.hayward@victorylegal.co.uk
More informationTEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance
TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that
More informationPre action protocol for low value personal injury claims in road traffic accidents
http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph
More informationSetting Up Fee Charging Services
Setting Up Fee Charging Services Client Care Letter: Template for work to be paid by fixed fee or hourly rate Dear [name of Client] RE:[subject] Thank you for instructing [name of Law Centre]. Purpose
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationmaking a personal injury compensation claim
W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation
More informationInformation sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims
Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed
More informationClinical Negligence Fixed Recoverable Costs Proposals Necessary or Not?
Clinical Negligence Fixed Recoverable Costs Proposals Necessary or Not? Introduction In July 2015 we published a paper regarding the NHS Litigation Authority Report and Accounts 2014/2015 ( the Report
More informationA CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE
A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that
More informationThe four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK)
The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more Tony Buss, Managing Director ARAG (UK) 1 Comments on Jackson [The Government s] are seeking to strike
More informationMOTOR VEHICLE ACCIDENT CLAIMS ACT
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
More informationWill, trust and estate disputes
Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory
More informationInsider. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013
Our members review the latest legal developments in their specialist areas of law in an easy-to-read, digestible format. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013 As
More informationNo win no fee costs agreements
No win no fee costs agreements Information for consumers Version 2 6 December 2012 Level 30, 400 George Street, Brisbane Qld 4000 PO Box 10310 Brisbane, Adelaide Street Qld 4000 T (07) 3406 7737 (Brisbane)
More informationA brief guide to professional negligence claims
A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims
More informationPankhurst v White and MIB grotesque fee arrangements both sides paid the cost
Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot
More informationA response by the Association of Personal Injury Lawyers March 2014
Civil Justice Council The impact of the Jackson reforms on costs and case management A response by the Association of Personal Injury Lawyers March 2014 Page 1 of 10 Introduction 1. 2013 brought major
More informationConditional Fee Agreements: best practice. no win - no fee - limiting the cost of claims to taxpayers
Conditional Fee Agreements: best practice no win - no fee - limiting the cost of claims to taxpayers contents 1 outline of problem page 1 outline of problem 3 2 worst practice 4 3 best practice 6 4 the
More informationThe Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
More informationGroup Actions Leaflet.
Group Actions Leaflet. This leaflet is designed to explain to Claimants in clear terms the rules about costs in group actions (sometimes called class actions or multi-party actions ). What is a Group Action?
More informationProposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010)
Proposals for Reform of Civil Litigation Funding Implementation of LJ Jacksons recommendations (Consultation paper 13/10 November 2010) Following Lord Justice Jacksons report, the Ministry of Justice is
More informationPersonal Injury /Clinical Negligence After-The-Event Insurance Proposal Form
Personal Injury /Clinical Negligence After-The-Event Insurance Proposal Form Clients Details Client First Name Client Surname Litigation Friend Telephone Number Fax Number E-mail Date of Birth Is it likely
More informationLoan Car Legal Cover Terms and Conditions
Loan Car Legal Cover Terms and Conditions As a Loan Car Driver, you also benefit from legal expenses cover. Legal expenses cover pays the legal costs and expenses of any legal proceedings to recover uninsured
More informationmaking a road traffic accident claim
W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over
More informationThe Impact of the Jackson Reforms on Costs and Case Management
The Impact of the Jackson Reforms on Costs and Case Management Civil Justice Council Conference 21 st March 2014 Written Submission of the Law Society The Law Society 2014 Page 1 of 9 2014 The Law Society.
More informationYour Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
More informationClinical negligence. Grounds
Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the
More informationPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,
More informationOpen, Calderbank and Part 36 offers considerations and tactics
Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in
More informationTHIS AGREEMENT is made the day of 20. THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid )
THIS AGREEMENT is made the day of 20 B E T W E E N: THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid ) AND [SOLICITOR FIRM] of [address] (hereinafter called the
More informationA Barracuda Company. UK edisclosure. A Business-Focussed Examinationof the April 2014 Reforms. White Paper
A Barracuda Company UK edisclosure A Business-Focussed Examinationof the April 2014 Reforms White Paper Overview This paper takes a look at the April 2013 Legal Reforms from a Business Aspect Lord Justice
More informationCIVIL DISBURSEMENTS FUND GUIDELINES
CIVIL DISBURSEMENTS FUND GUIDELINES TABLE OF CONTENTS: Introduction... 2 Definition... 2 1. Selection of Cases... 2 2. Assessment of Applications... 2 3. Means Test... 3 4. Merits Test... 4 5. Contribution...
More informationKey aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012
Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.
More informationQBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities
QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry
More informationGuide to Legal Costs the mystery explained
Guide to Legal Costs the mystery explained Let s be honest - No-one really wants to go and see a Solicitor. Like the emergency services, we are only welcome when things have gone wrong or in other cases
More informationLEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND
LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury
More informationwww.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationProposals for Reform of Civil Litigation Funding and Costs in England and Wales
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable
More informationSupreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50
Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the
More informationJackson, Costs & Funding:
Jackson, Costs & Funding: Attract & Retain Clients, Increase Billable Hours, Maximise Profits A CPD-accredited Seminar from 1 Mark Beaumont London office 1 Topics The Jackson Reforms Costs Management Hourly
More informationKey Information on the Litigation Process
Key Information on the Litigation Process May 2015 Key Information on the Litigation Process Update May 2015 This document is intended to assist clients and potential clients of Laytons dispute resolution
More informationA BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM
EDITION ONE FIRST UPDATE APRIL 2013 A BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM Julian Benson 2013 Page 1 INTRODUCTION TO THE UPDATE This is the first update to the guide, which was published in
More informationCivil Litigation Reforms & AIG
Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson
More informationEnglish Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?
English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts
More informationNo win no fee: our proposition after Jackson
No win no fee: our proposition after Jackson February 2013 Cathy Hawkins Partner, BLM t: 020 7865 3308 e: cathy.hawkins@blm-law.com Offices Birmingham Bristol Cardiff Dublin Leeds Liverpool London Manchester
More information