courts and funding (week 0)

Question 1

what are the 3 limited exceptions when CofA is not bound by its own decision? (young v Bristol)

Answer 1

1. where CofA is faced by 2 conflicting decisions of its own, present court must choose which decision to follow
2. CofA must refuse to follow a decision of its own which conflicts with Supreme Court decision (even if there is no express overruling from Supreme Court)
3. if previous decision of CofA is considered to have been given per incuriam (through lack of due regard to law or facts) then the present CofA is not bound to follow it

Question 2

types of funding?

Answer 2

-private funding
-professional funding
-before the event insurance
-community legal service (legal aid)
-conditional fee agreement (no win, no fee)
-damages based agreements
-after the event insurance
-3rd party funding

Question 3

what are the 3 divisions of the high court?

Answer 3

kings bench, chancery and family

Question 4

what is the general rule relating to costs?

Answer 4

the unsuccessful party will be ordered to pay the costs of the successful party