Chapter 2 Flashcards
1
Q
What is limitation
A
“Time barred”
Limitation Act 1980
Time limits relating to time between and cause of action and the commencement of litigation resting to that event
2
Q
Limitation period for
PI
Tort claims
Contract Claims
A
3(doesn’t start till 18)
6
6
3
Q
Types of funding
A
Private funding Legal expenses insurance Sponsoring organisations Conditional fee agreements Damage based agreements Qualified one way cost shifting Litigation funding agreements and voluntary code of funding Legal aid
4
Q
6 comparisons of CFA’s and DBA’s
A
- CFA’s are enhanced rate, DBA’s are percentage of damages
- Success fee and contingency fee limited to 25% of damages in PI cases
- Success fee (CFA’s) is limited 100% but contingency(DBA’s) limited to 50%
- Both - client don’t pay solicitor if lost
- Neither cover opponents costs or disbursements
- Both just be in writing