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FIRST CLASS Civil Litigation Assignment - Personal Injury Claim

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This document contains an assessed assignment for Civil Litigation. The student who wrote this has been presented with a problem scenario where a client needs advice on pursuing a personal injury claim. The client is experiencing financial difficulties so may not be able to go ahead with it, and want to know what other options are available to pursue the claim such as whether the claim can be funded through legal aid and through the 'no-win, no-fee' route. The student has to carry out legal research and then write up a letter of advice to the client. The student also has to answer a few other questions: what steps needs to be taken before a trial could take place in court and the significance of payments into court or offers to settle under Part 36 of the Civil Procedure Rules. This document comes with footnotes, references and a bibliography. The student received First Class on this piece of assignment. Please note that this document DOES NOT contain the assignment questions.

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Uploaded on
May 28, 2021
Number of pages
7
Written in
2020/2021
Type
Essay
Professor(s)
Unknown
Grade
A+

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Elliot Fielding Solicitors
12 Ely Court
London
EC1 2DY


Mr L Hammick
15 Crescent Way
Tonbridge
Kent
TN4 5BG
Date: 22nd May 2020


Dear Mr Hammick


RE: Help with legal costs


Based on your initial interview with me last week, you have raised an issue to me
with regards that you may not be able to go ahead with your personal injury claim
due to your financial circumstances.


The fact that you are making a personal injury claim, means that you are
automatically excluded from being able to receive public funding under the
Community Legal Service because legal “services relating to allegations of
negligently caused injury or death”1 are excluded from the scheme altogether. The
reason for this is because funding is already provided for these cases in conditional
fee agreements.2


Since we are dealing with a contentious issue, it is possible for you to enter into a
conditional fee agreement3 with the solicitor who is acting for you. Although this may
seem the most beneficial option to you, please note that this option has its
disadvantages which you must consider carefully before you make any final
decisions on how to fund your claim.
1
Partington, M. Introduction to the English Legal System 3rd edition (Oxford: OUP, 2006) p.282
2
Ibid.
3
Permitted under the Courts and Legal Services Act 1990 as amended by the Access to Justice Act 1999

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