Civil Claim Overview Flashcards
thresholds for proceedings in HC
personal injury: over £50,000
non-personal injuries:
over £100,000
thresholds for proceedings in CC
personal injury: less than £50,000
non-personal injury:
less than £100,000
examples of disbursements
- court fees
- counsel’s fees
- expert’s fees
what is BTE insurance
insurance taked out before legal work (event) arises
eligibility for community legal service aid for civil claim
- claim must have merits
- mainly for children, homelessness or domestic violence
what are conditional fee agreements
no win, no fee (if lawyers win they get their normal fee plus a success fee which comes out of damages awarded)
what does conditional fee agreement not cover
disbursements eg. experts’ fees & court fees
damage based agreements
solicitor gets paid a % of damages (instead of fee plus success fee)
what are % caps for damage based agreements
25% for PI
35% for employment
50% for all other cases
ATE insurance
after the event insurance = take policy out to help client cover the costs of litigation after dispute has started
what does ATE insurance cover?
client’s own disbursement, other party’s costs & disbursements
three ways of charging clients
hourly, fixed fees and unbundled legal services
unbundled legal services
solicitor does specific task
undertaking
written/ oral statement that you or 3rd party will do/ not do something or cause something to be done
what happens to solicitors for failure to perform undertaking
serious disciplinary offence, solicitor being investigated by SRA for professional misconduct
