Funding

Question 1

Who cannot receive legal aid?

Answer 1

Companies

PI or death (excluding clinical infant negligence)

Conveyancing, wills, defamation, contract.

Employment, consumer, eduction.

Question 2

Types of funding?

Answer 2

Legal help
Help at Court
Investigative or full representation.

Question 3

Two stage test?

Answer 3

Merits

Means (include partner)

• capital not exceeding £8,000
• gross income (2657), disposable (733).

Question 4

For a CFA, client wins. What must they pay the solicitor?

What can they recover from the other side?

Answer 4

Pay: basic fee, disbursements, success fee, insurance premium.

Basic fee, disbursements, damages.

i.e. success fee is not recoverable from other side and client pays out of its damages.

Question 5

For a CFA with an unsuccessful client - what must they pay?

Answer 5

disbursements, insurance premium, other side’s costs.

Question 6

DBA limits?

Answer 6

PI = 25%
Employment = 35%
All others = 50%.

Question 7

ATE - premiums recoverable?

Answer 7

not if policy entered into after 1st April 2013.

Question 8

BTE - premium recoverable?

Answer 8

Not generally.

Question 9

CFA personal injury?

Answer 9

Success fee cannot exceed 25% of the damages.