Description
This work will ensure that practitioners and insurers have all the information and guidance they need to assess the risk of a case in a practical and effective way and learn to develop strategies to identify and manage risk in litigation. It covers the law and principles of conditional fee agreements as well as considering the insurance and funding aspects.
- Contents:
- Part 1: The Regulation of Litigation Funding
– The Common Law
– The Professional Rules
– The Modern Statutory Regime
- Part 2: Conditional Fee Agreements Made After 1 April 2000
– The Statutory Regime
– The Agreement
– Giving Information to the Client
– The Law Society Model CFA for Personal Injury Cases
– Recoverability of the Success Fee
– Collective Conditional Fee Agreements
- Part 3: Conditional Fee Agreements made before 1 April 2000
– The Statutory Regime
- Part 4: Conditional Fee Agreements made between 1 April and 3 July 2000
– The Transitional Provisions
- Part 5: Conditional Fee Agreements between Solicitors and the Bar
– Model Agreements
- Part 6: Other Funding Agreements
– Is it a Conditional Fee Agreement?
- Part 7: Insurance and Funding
– Legal Expenses Insurance
– After the Event Insurance
– Informing Clients
– Recoverability of Insurance Premium
– Funding
- Part 8: Costs Orders Against Third Parties
– Third Parties and Conditional Fees
- Part 9: Risk Assessment
– Principles of Risk Assessment
– Methods of Risk Assessment
– Risk and Success FeesProbability
– Decision Trees
- Part 10: Case Studies
– Personal Injury
– Clinical Negligence
– Insolvency
– Contractual Disputes
- Part 11: No Money Claims
– Conditional Fee Agreements and Risk Assessment in Non-Money Actions
Part 12: Questions and Answers
– Appendices
– Statutory materials
– Model Conditional Fee Agreements
– Forms
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