Funding options and legal aid Flashcards
(22 cards)
Formalities for a non-contentions business agreement to be enforceable
- in writing,
- signed by client, and
- contains all terms of the agreement
Formalities for a contentions business agreement to be enforceable
- in writing,
- signed by client,
- contains all terms of the agreement,
- states it’s a contentious business agreement
What is the consequence of a contentious or non-contentious business agreement?
The client cannot apply to the court for an assessment of the bill/costs
BUT: court can still set it aside or reduce remuneration if it’s unfair or unreasonable
What is a conditional fee agreement?
Client only pays any fees, or part of fees, based on the outcome
It’s expressed as a % increase on the standard fees
Cap on variable fees for personal injuries
25% of general damages awarded
Cap on CFA
100% uplift on standard fees
Under a CFA, what does the client pay if he loses?
His disbursements and the opponent’s costs
What insurance is often combined with a CFA?
After the event insurance (covers disbursements and opponents costs)
What is a damages-based agreement?
Solicitor only gets paid if the client succeeds, with a fee linked to the damages/compensation obtained
What is the cap on a damages-based agreement?
Maximum 50% of sum recovered (this includes VAT and counsel’s fees)
What is the cap on damages-based agreements in employment cases?
35%
Formalities for a damages-based agreement to be enforceablee:
- in writing,
- specifies proceedings it relates to,
- specifies circumstances in which the fee is payable,
- explains reasons for setting the fee at that level
What does after the event insurance usually cover?
Disbursements and the opponent’s costs
Is legal representation controlled or licensed work? What does this mean?
Licensed
This means it must be authorised by the LAA on a case by case basis
If a case is outside the scope of legal aid, can legal aid still be obtained?
Yes, in exceptional circumstances (refusal would breach human rights)
What are the 2 tests for eligibility for civil legal aid?
- merits test
- means test (capital and income)
What is the capital means test for civil legal aid?
Maximum capital of 8,000 (or 3,000 for immigration cases)
What is the income means test for civil legal aid?
Gross monthly income must be below 2,657
Disposable income must be below 733
When will a person have to make a contribution to civil legal aid?
If has capital of over 3,000, or disposable income of over 315
What is the statutory charge?
If a person wins money using legal aid, it may be used to repay the solicitor’s fees
What are the 2 tests for criminal legal aid?
- interests of justice test
- means test
When is the interests of justice test automatically met?
D is under 18, or D is being tried in the CC
