0. Courts and Costs

Question 1

Three guideline factors to decide whether to start a claim in the county court or high court

Answer 1

(a) statute specifies; (b) PI >£50,000 / non-PI >£100,000; (c) complexity / public interest

Question 2

Three High Court divisions

Answer 2

Chancery, KBD, Family

Question 3

Which division handles land cases?

Answer 3

Chancery

Question 4

Which division handles trusts and estates cases?

Answer 4

Chancery

Question 5

Which division handles bankruptcy and partnerships cases?

Answer 5

Chancery

Question 6

Which division handles company cases?

Answer 6

Chancery

Question 7

Which division handles contract and tort cases?

Answer 7

KBD (and sometimes chancery)

Question 8

Which division handles commercial cases?

Answer 8

KBD

Question 9

Which division handles JR?

Answer 9

KBD

Question 10

Under the 1996 Practice Order, when may the UKSC depart from previous decisions?

Answer 10

If it appears right to do so, and it wouldn’t affect pre-existing contractual arrangements or the criminal law

Question 11

8 Types of Litigation Funding

Answer 11

Before the Event Insurance, Private Funding, Legal Aid, Conditional Fee Arrangement, Damages Based Assessment, After the Event Insurance, 3RP Funding, Fixed Fee

Question 12

Undertakings

Answer 12

Bind a firm and are specifically enforceable. If not specified, deadline is reasonable time. Ambiguity interpreted in favour of recipient

Question 13

When do High Court judgments bind?

Answer 13

When it’s acting as an appeal court

Question 14

Is Before the Event Insurance recoverable from the other side?

Answer 14

No

Question 15

Which cases qualify for legal aid?

Answer 15

Individuals; specific type of claim (most civil claims ineligible), means-tested and case has a good enough chance of winning

Question 16

Conditional Fee Arrangements

Answer 16

Solicitor is only paid if they win. They get normal fees + success fee. Success fee not recoverable from other side. For PI, success fee capped at 25% damages for pain and suffering and loss of amenity, and current pecuniary loss.

Question 17

Damages Based Assessment

Answer 17

Solicitor paid a fixed percentage of damages. PI capped at 25%. Employment 35%. All others 50%.

Question 18

After the event insurance

Answer 18

Covers client’s own solicitor costs and opponents costs. Availability depends on merits; more expensive than BTE, insurance premium not recoverable.

Question 19

3RP Funding

Answer 19

Banks etc. are paid loan back + uplift.