CFA ANALYSIS FORM USING THE UNDERWOODS METHOD
|
|
- Job Patrick
- 8 years ago
- Views:
Transcription
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 info@lawabroad.co.uk 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.
GUIDELINE HOURLY RATES:
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
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 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 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 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 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 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 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 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 informationPreamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
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 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 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 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 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 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 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 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 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 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 informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
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 informationHow To Change The Law In Germany
Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside
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 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 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 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 informationThe Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick
The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick Agenda Legal Aid, Sentencing and Punishment of Offenders
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 information1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity
Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand
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 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 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 informationBEFORE-THE-EVENT INSURANCE
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
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 informationDisease: solving disputes post 1 April 2013
Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due
More informationThe online decision support tool for personal injury claims handling
evaluate The online decision support tool for personal injury claims handling Introduction The advent of the claims portal and government reform of the personal injury claims environment has resulted in
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 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 informationImplementation of the Jackson Reforms. The key changes.
March 2013 Implementation of the Jackson Reforms. The key changes. Introduction On 1 April 2013, a large tranche of the reforms proposed by the 2010 review of civil litigation costs by Lord Justice Jackson
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 information1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity
Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand
More informationThe new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows
65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the
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 informationPersonal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society
Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society ANDREW RITCHIE QC 9 Gough Square LONDON 1 Before 2003 In PI cases in claimant work: Solicitors were paid by the hour The courts
More informationImpact Assessment (IA)
Title: Mesothelioma Pre-Action Protocol and Fixed Cost Regime IA No: MoJ 200 Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment (IA) Date: 23 May 2013 Stage:
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 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 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 informationBar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper
Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales
More informationMOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012
MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value
More informationLASPO. Why has. come about brief history of reforms
Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information
More informationBC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction
Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol
More informationHow To Settle A Claim For Damages From A Car Accident In The Uk
Road Traffic Accident Claims A brief guide to the claims process Table on contents: Introduction... 2 If your claim falls out of the new regime... 2 Parties to a claim... 2 The claims process... 3 Time
More informationStudy into average civil compensation in mesothelioma cases
Research Summary Study into average civil compensation in mesothelioma cases By John Forth, Hilary Metcalf, Nick Coleman, Pamela Meadows, Max King and Leila Tufekci Key findings 1 The analysis presented
More information(1) Appointed Solicitors Details. Address DX Box. (2) Insured s Details. If appropriate. Address. Postcode
Legal Expenses Insurance Personal Injury & Clinical Negligence Proposal Form Guardian Legal Services Limited is authorised and regulated by the FCA Firm Ref No 484841 Please complete this form with as
More informationLEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE
LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE 1. Executive summary The Bar Council s proposals for Part 2: Civil litigation funding and costs 1.1. The Bar Council
More informationCivil Litigation Costs - The Jackson Report
ITEM NO: 9 Report To: AUDIT PANEL Date: 31 January 2012 Reporting Officer: Subject: Report Summary: Recommendations: Links to Community Strategy: Policy Implications: Financial Implications: (Authorised
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 informationREHABILITATION WITHIN THE CONTEXT OF A PERSONAL INJURY CLAIM
REHABILITATION WITHIN THE CONTEXT OF A PERSONAL INJURY CLAIM Personal Injury Jonathan Betts, Partner, Irwin Mitchell, Manchester Good Personal Injury Lawyers are not: Irwin Mitchell s Policy on Rehabilitation
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 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 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 informationPre-action Conduct of Litigation
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
More informationSolvency Standard for Captive Insurers Transacting Non-life Insurance Business 2014
Solvency Standard for Captive Insurers Transacting Non-life Insurance Business 2014 Prudential Supervision Department Issued: December 2014 2 1. Introduction 1.1. Authority 1. This solvency standard is
More informationEWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES
E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope
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 informationFrequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the
More informationCivil Litigation Reforms. March 2013
Civil Litigation Reforms March 2013 1 contents Introduction... 2 The Jackson Report... 4 Implementation...5 Referral fees... 6 Conditional Fee Agreements... 8 After the Event Insurance... 10 Damages Based
More informationPersonal. Injury A DEDICATED SERVICE FOR VICTIMS OF ACCIDENTS, ILLNESSES AND DISEASES
Personal Injury A DEDICATED SERVICE FOR VICTIMS OF ACCIDENTS, ILLNESSES AND DISEASES PERSONAL INJURY Pictons is a major regional law firm with an established reputation as one of the leading legal firms
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 informationEmployers Liability and Public Liability Claims
Employers Liability and Public Liability Claims A brief guide to the claims process Table on contents: Introduction... 2 Parties to a claim... 3 The claims process... 3 Time limit for bringing a claim...
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 information1.4. We specifically draw your attention to section 16 which sets out the scope of our liability.
MOORE BLATCH LLP TERMS OF BUSINESS: PERSONAL INJURY, CLINICAL NEGLIGENCE AND EDUCATION 1. Introduction 1.1. It is important that you have confidence in us when you seek our assistance. We therefore aim
More informationThe new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims
The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims Introduction This guide provides an at a glance review of the new Pre-Action Protocol for Low
More informationSummary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015
Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Abstract: In this annual summary of the state of the Personal Injury and Clinical Negligence Claims Market
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 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 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 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 informationLegal Watch What s on the horizon
Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:
More informationMandate for Society/Club/Association
Society/Club/Association Mandate for Society/Club/Association Guidelines for completing this mandate Please read these notes carefully before completing this mandate and ensure all pages of the mandate
More informationFIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents
FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY Action against Medical Accidents Questionnaire The Government proposes to introduce fixed recoverable costs for all cases where
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 informationscrutiny: Essential Guide to CRU Benefits and Appeals
scrutiny: Essential Guide to CRU Benefits and Appeals Introduction In writing this guide, we had in mind a broad spectrum of readers from the novice (for whom some of this may be new) through to the more
More informationROAD TRAFFIC ACCIDENT. Client Information Pack
ROAD TRAFFIC ACCIDENT Client Information Pack This pack provides general guidance about your road traffic accident claim and brief details about funding your case. To read about the service standards you
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 informationDALLAS CONSULTING LIMITED Financial Accounts 2014-05-31 REGISTERED NUMBER: 08088123 (England and Wales)
DALLAS CONSULTING LIMITED Financial Accounts 2014-05-31 REGISTERED NUMBER: 08088123 (England and Wales) Abbreviated Unaudited Accounts for the Year Ended 31 May 2014 for Dallas Consulting Limited Dallas
More informationEarly Termination Fee The fee payable by you in the event that this Agreement is terminated before the conclusion of your claim.
TERMS AND CONDITIONS 1. Interpretation and Operative Provisions In this Agreement, the following words shall mean: Act The Compensation Act 2006 together with all regulations and guidance promulgated there-under
More informationClinical Negligence. Issue of proceedings through to Trial
Clinical Negligence Issue of proceedings through to Trial 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 1 April
More informationWorkers Compensation Amendment (Transitional) Regulation 2012
New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the
More informationMotoring Legal Solutions
Motoring Legal Solutions Page 1 Why you need Motoring Legal Solutions Being involved in any kind of car accident can be very distressing. If you are unfortunate enough to be involved in an accident that
More informationCLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013
CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability
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 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 informationNick Pargeter Partner, BLM
Impact of Civil Justice reforms on disease claims Nick Pargeter Partner, BLM construction & property corporate risks healthcare insurance & indemnity leisure public sector retail technology, media & telecoms
More informationLaw & Practice : The UK Perspective. Vilnius, 22 nd October 2010
Law & Practice : The UK Perspective Vilnius, 22 nd October 2010 Van Ameyde UK Richard Temp Operations Manager BACKGROUND SOME FACTS & FIGURES Established in England in 1973 VA UK comprises of two UK sites
More informationThe Litigation Advantage Scheme
After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked
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 informationWork Related Illness. All you need to know about making a work related illness claim from leading personal injury lawyers Irwin Mitchell.
Work Related Illness Personal Injury All you need to know about making a work related illness claim from leading personal injury lawyers Irwin Mitchell. Your encouragement and advice to pursue the claim
More information