1 Funding

Question 1

What are 2 requirements for legal aid in ALL cases?

Answer 1

• All claims must be matter of English law

* Only available to individuals → no matters of company or partnership law

Question 2

What categories are EXCLUDED from legal aid?

Answer 2

• LASPO Schedule 1 Para. 2.2 → works which won’t be funded include:

1. Personal injury / death, except clinical neg. (infants) or public interest matters
2. Conveyancing; boundary disputes; wills; trust law; defamation
3. Employment cases; breach of stat. duty; negligence; consumer cases

Question 3

what personal injury claims CAN get legal aid?

Answer 3

clinical neg. (infants) or public interest matters

Question 4

What types of legal aid funding are there?

Answer 4

1. Legal help
2. Help at court
3. Legal reprsentation

Question 5

What does legal help involve?

Answer 5

• Initial advice & assistance w. legal problem → preparing case for court
• Doesn’t cover issuing / conducting proceedings or advocacy services

Question 6

What does HELP AT COURT involve?

Answer 6

• Allows solicitors to speak on client’s behalf at court hearings w/o acting formally
• Client must satisfy certain financial conditions + be able to show having someone to speak on their behalf = reasonable, cost-effective & likely to be of real benefit

Question 7

What does LEGAL REPRESENTATION involve?

Answer 7

• Allows clients to be represented in court → covers preparation for, & advocacy at, final hearing in contested proceedings; either:

Question 8

What does INVESTIGATIVE HELP (legal representation) involve?

Answer 8

Investigative help: limited to investigating strength of claim
→ Prospect of success of claim not clear & investigation required likely to be expensive

Question 9

What does FULL REPRESENTATION (legal representation) involve?

Answer 9

main form of legal representation → all work to trial & beyond covered → funding certificate will limit terms fo work & amount of costs

Question 10

How is a client assessed for legal aid?

Answer 10

1. sufficient merit

2. low means

Question 11

How is means assessed?

Answer 11

Limits (both taking into account client’s partner as well)

1. Capital: disposable capital

Question 12

What are the const consequences of legal aid funding?

Answer 12

If client gains money/property at end of case → repayment of some or all of legal aid costs through Statutory Charge → made on money/property gained s.25 LASPO
If court orders opponent to pay legal costs & there is shortfall in costs recovery → LAA will exercise right to apply SC over any damages/property awarded to the successful legally aided claimant

Question 13

What is solicitor paid in CFA

Answer 13

normal fee + uplift / success fee out of C’s damages

Question 14

What is solicitor paid in DBA

Answer 14

% of damages recovered by C

Question 15

CFA: What will C(‘s solicitors) recover from D if C wins IN TOTAL

Answer 15

• basic fee
• disbursements
• damages (any success fee & premium will be paid out of this!)

Question 16

CFA: What will C(‘s solicitors) recover from C if C loses

Answer 16

• disbursements

- insurance premium

Question 17

When will Statutory Charge apply

Answer 17

The statutory charge will apply if the funded party has

received damages and there is a shortfall in costs – there is no test of e.g. ‘just & equitable’

Question 18

DBA - what do lawyers get if they lose the case?

Answer 18

no fees at all

Question 19

DBA - what do lawyers get if they win the case?

Answer 19

fees recovered from damages as a percentage

Question 20

CFA - what will C’s solicitors get if C wins case?

Answer 20

• disbursements
• success fee
• basic fee
• insurance premium

Question 21

CFA - what will C be liable for if they lose?

Answer 21

• disbursements & insurance premium to solicitor

- (potentially) other side’s costs

Question 22

When is ATE insurance premium recoverable?

Answer 22

ONLY:

• if entered into BEFORE 1 April 2013
• clinical negligence expert reports