FUNDING OPTIONS PROFESSIONAL CONDUCT:
Consider: Client’s best interest:
Must only enter Legal
into Fee Suitable
Agreements in For the client’s best needs and takes
the Client’s best into account their best interests
interests:
Consider: Failure to discuss funding options, and whether
Must sufficiently public funding is available may be a breach of
discuss the the Code.
Available Options
Consider: A solicitor should always carry out a full risk assessment
Success Fee prior to agreeing the level of success fee with a Client.
If the Client suggests a success fee well in excess of
that which the Solicitor might set, the Solicitor should not
simply accept this:
Principle 2: Must act with integrity
Para 1.1: Must treat the Client fairly
Principle 7: Must only enter into a Fee
Agreement with the Client that takes into account
their best interests.
, PRACTICE DIRECTION ON PRE-ACTION CONDUCT AND
PROTOCOLS:
Para 1: Steps the Court would normally expect parties to take before commencing
proceedings for particular types of civil claims.
When does the
PD-PAC apply? To disputes where no Pre-Action Protocol approved
by the Master of the Roles applies.
Para 2:
What should the Exchange Sufficient Information and consider
parties do? ADR (Para 8, 9 and 11)
Send or respond to a Letter Before Claim
Defendant should respond within a reasonable
time
Parties disclosing key documents relevant to
the issue in dispute.
,PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL:
Consider:
Must sufficiently
discuss the
Available Options
Consider:
Success Fee
, FIVE STAGES OF LITIGATION:
STAGE 1:
Pre-
commencement
STAGE 2: Issue and serve claim form and particulars of claim.
Commencement
of the action Defendant files defence.
Court allocates claim to a track.
Small claims Fast track. Over Multi-track. Over
track. Up to £10,000 and up £25,000.
£10,000 to £25,000.
STAGE 3: Standard Standard Directions or
Interim matters Directions. directions: case
Disclosure of management
documents. conference
Exchange of where directions
witness given.
statements and
experts’ reports.
STAGE 4: Final hearing Trial within 30 Trial
Trial usually no costs. weeks of
Directions. Fixed
trial costs;
summary
STAGE 5: [Appeal] Appeal. Appeal. Detailed
Post-trial Enforcement. Enforcement. assessment of
costs.
Enforcement.
Consider: Client’s best interest:
Must only enter Legal
into Fee Suitable
Agreements in For the client’s best needs and takes
the Client’s best into account their best interests
interests:
Consider: Failure to discuss funding options, and whether
Must sufficiently public funding is available may be a breach of
discuss the the Code.
Available Options
Consider: A solicitor should always carry out a full risk assessment
Success Fee prior to agreeing the level of success fee with a Client.
If the Client suggests a success fee well in excess of
that which the Solicitor might set, the Solicitor should not
simply accept this:
Principle 2: Must act with integrity
Para 1.1: Must treat the Client fairly
Principle 7: Must only enter into a Fee
Agreement with the Client that takes into account
their best interests.
, PRACTICE DIRECTION ON PRE-ACTION CONDUCT AND
PROTOCOLS:
Para 1: Steps the Court would normally expect parties to take before commencing
proceedings for particular types of civil claims.
When does the
PD-PAC apply? To disputes where no Pre-Action Protocol approved
by the Master of the Roles applies.
Para 2:
What should the Exchange Sufficient Information and consider
parties do? ADR (Para 8, 9 and 11)
Send or respond to a Letter Before Claim
Defendant should respond within a reasonable
time
Parties disclosing key documents relevant to
the issue in dispute.
,PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL:
Consider:
Must sufficiently
discuss the
Available Options
Consider:
Success Fee
, FIVE STAGES OF LITIGATION:
STAGE 1:
Pre-
commencement
STAGE 2: Issue and serve claim form and particulars of claim.
Commencement
of the action Defendant files defence.
Court allocates claim to a track.
Small claims Fast track. Over Multi-track. Over
track. Up to £10,000 and up £25,000.
£10,000 to £25,000.
STAGE 3: Standard Standard Directions or
Interim matters Directions. directions: case
Disclosure of management
documents. conference
Exchange of where directions
witness given.
statements and
experts’ reports.
STAGE 4: Final hearing Trial within 30 Trial
Trial usually no costs. weeks of
Directions. Fixed
trial costs;
summary
STAGE 5: [Appeal] Appeal. Appeal. Detailed
Post-trial Enforcement. Enforcement. assessment of
costs.
Enforcement.
