Funding and costs Flashcards
What does CPR 44.4(2) say?
An unsuccessful party may also end up paying a significant amount of the successful party’s costs pursuant to the general rule under CPR 44.2(2)
What does CPR44.2(1) say?
Who pay, how much and when
What does CPR 44.2(4) say?
Factors affecting how much is payable.
Duty to advise:
What does CCS 8.7 of the SRA Standards and Regulations require?
That clients should be given information on how their matter will be priced and, both at the time of engagement and when appropriate as their matter progresses, about the likely overall cost of the matter and any costs incurred.
What are the 3 examples of work that will not be funded by legal aid?
- allegations of personal injury or death, other than allegations relating to clinical negligence in cases of severely disabled infants or where there is significant public interest involved
- conveyancing; boundary disputes; the making of wills; matters of trust law; defamation or malicious falsehood; matters of company or partnership law; and other matters arising out of the carrying on of a business (including contract claims)
- employment cases; breach of statutory duty; negligence; consumer cases; and, education cases
Types of claim which are covered by legal aid but are subject to a number of exceptions.
- Housing matters where a home is at immediate risk
- judicial review
- certain family proceedings
- clinical negligence claims relating to birth injuries
- claims against public authorities
- mental health and immigration.
What is legal help?
Aimed at providing initial advice and assistance with a legal probelm.
What does legal help cover?
Help a client might need from a solicitor in preparing a case for court.
- letter writing, telephone calls, getting a barrister’s opinion
But it will not cover issuing or conducting proceedings or providing advocacy services.
What does ‘help at court’ allow solicitors to do?
To speak on the client’s behalf at certain court hearings without acting formally on their behalf and without going on the record in the case.
For example, if the solicitor was simply assisting the client for one stand-alone hearing rather than being instructed to act for the entire claim.
How do you qualify for help at court?
The client needs to satisfy certain financial conditions and be able to show that having someone to speak on their behalf is reasonable, cost-effective and likely to be of real benefit to them.
What does legal representation allow a client to get?
Allow clients to be represented in court when they are being used or taking their own proceedings against another party.
What does legal representation cover?
Preparation for, and advocacy at, a final hearing in contested proceedings.
What does investigative help cover under legal reprentation?
Investigating the strength of the claim
How do you qualify for investigative help under legal representation?
The prospect of success of the claim must not be clear and the investigation required must be likely to be expensive.
What does full representation entail?
All work to trial and beyond may be covered and the funding certificate will limit the terms of work and amount of costs that the solicitor can incur.
When the limit is reached, or about to be exceeded, the solicitor will need to apply to the LAA for an extension of the existing limit.
