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An arrangement made by a litigant which gives rise to an additional liability.
A financing arrangement whereby a funder agrees to pay the funded party’s legal fees, often in accordance with an agreed costs budget
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Feed-in Tariff—checklist on issues in property transactions Feed-in tariff (FiT) The FiT scheme was introduced in April 2010 as a way of encouraging the uptake of a range of small scale renewable and low carbon electricity generation technologies (microgeneration) and applies to Great Britain. Those eligible for the FiT scheme: • are paid a specified amount for every kilowatt hour (kWh) unit of electricity they generate—the generation tariff • can (in addition) sell any surplus electricity that is exported to the grid (as opposed to consumed on site) to a licensed electricity supplier (usually the electricity supplier in respect of the site of the relevant generation facility) at a specified pence per kWh tariff—the export tariff • will (where energy is consumed on site) benefit from having lower energy bills, as they won't need to purchase as much energy from their energy supplier The FiT scheme came from powers in sections 41–43 of the Energy Act 2008. The detailed mechanics of the FiT scheme have been implemented by way of:...
Drafting a letter of claim for a construction or engineering dispute—checklist Note: • this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general provisions set out elsewhere in the CPR, this Practice Note should be read in conjunction with general guidance on preparing for and attending trial including that in Trial—overview which, in turn, links through to detailed guidance on specific aspects of preparing for and attending trials • shorter and flexible trials schemes—claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme • electronic working—for information on electronic...
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ARCHIVED: This Practice Note has been archived. This Practice Note sets out the regulatory requirements under the SRA Code of Conduct that was in force between 6 October 2012 and 24 November 2019. These provisions will apply to any funding agreement entered into between those dates. For guidance on the position since 25 November 2019, see Practice Note: Information on costs—SRA 2011 regime and SRA 2019 regime compared [Archived].In 2011, the Solicitors Regulation Authority adopted a regime change in relation to its regulation of the industry. As part of this, a new Code of Conduct was introduced with effect from 6 October 2011. There are ten principles and a set of mandatory outcomes ie standards of behaviour which solicitors must meet. In order to achieve those mandatory outcomes the 2011 Code provides a non-exhaustive list of behaviours which are 'indicative' as showing whether or not the required outcomes will be achieved.The mandatory outcomes relating to funding and costs are contained in the '1st Section: You and your client Chapter 1:...
ARCHIVED: This Practice Note is archived and is for historical purposes only.The underlying legislation dealing with the changes to the funding arrangements are set out in Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) with consequential changes in the Courts and Legal Services Act 1990 (CLSA 1990).ChangesThe changes in relation to funding arrangements are set out in:•conditional fee agreements (CFAs):◦LASPO 2012, s 44 deals with success fees in CFAs, and sets out the conditions required for a valid CFA with a success fee and provides that success fees will no longer be recoverable from the unsuccessful party. The relevant provision for that is s 44(4), which provides: 'A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement' ◦the Conditional Fee Agreements Order SI 2013/689 sets out the transitional arrangements for success fees in CFAs where the CFA was entered into...
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Family provision claim—client guide This document provides general guidance regarding some of the key issues in bringing a family provision claim (a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)). Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances. What is a family provision claim? Individuals have freedom to leave their estate to whoever they wish in England and Wales. This is unlike the position in many jurisdictions where forced heirship rules dictate to whom an individual’s estate (or a certain portion of their estate) will pass on their death. However, testamentary freedom in this jurisdiction is subject to statutory intervention. The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables certain categories of people, who were financially dependant on the deceased, to bring a claim against their estate for reasonable financial provision. These claims are known variously as family provision claims, Inheritance Act claims and 1975 Act claims. We understand that it...
Matter project plan 1 General information Date of this project plan [Insert date] Stage this project plan covers(eg pre-trial review or end of matter) [Insert details] Date of last project plan (if any) [Insert date] Completed by [Insert name of person completing this project plan] 2 Matter information Client name(s) [Insert client name(s)] File reference number [Insert file reference number] Matter type [Insert brief description of the matter, eg contract dispute] Fee earner [Insert name of fee earner] Supervisor [Insert name of supervisor] Any other comments, eg client vulnerabilities [Insert any other comments] 3 Critical dates Date Description [Insert date] [Insert description of critical date, eg limitation date] [Insert date] [Insert description of critical date] [Insert date] [Insert description of critical date] 4 Matter summary Description and summary of matter [Explain what sort of matter this is and what issues are involved] Current status [Explain what stage you have reached in this matter] Any other comments [Insert any other comments] 5 Parties Name of...
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Does a litigation friend’s witness statement in support of an application for court approval need to include details about the level of success fee being deducted from the claimant’s damages? The witness statement must contain details of the success fee and include details of the six matters specified in CPR PD 21 para 11.3. In addition, in order for the success fee to be recoverable at the settlement hearing, as opposed to following detailed assessment, the claim in question must be for no more than £25,000 and the only cost or expenses the litigation friend seeks to recover is a success fee. If these requirements are met, the court may summarily assess the success fee. The general rule: costs in protected party claims only recoverable after assessment or agreement Recoverability of success fees in infant settlement cases is an exception to the general rule in respect of claims by parties who lack capacity, which is that that the court must order a detailed assessment (CPR 46.4(2)(a))....
Where a car dealer (A) purchases used vehicles that meet certain quality conditions from its customers (B), A may choose to ask (C) to fund the purchase. If C agrees to fund such purchase, the agreement between A and C states that A has purchased the Vehicle, acting as C’s undisclosed agent. Is A acting as an undisclosed agent for C, and if so, what type of agency relationship is created? If A agrees to purchase used vehicles from B and then asks C to fund them a month or so later. If C is not asked to fund at the time of purchase, has A purchased the vehicle acting as C’s undisclosed agent? Or has A purchased the vehicle from B acting as principal. If C funds the purchase retrospectively can this be covered under the same agreement used to fund the purchases in the first scenario? An agency relationship is created via a consensual agreement between agent and principal, who are the only...
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A round-up of UK competition law developments, including (amongst other things) (1) the CAT issues a ruling making CPO in favour of the Road Haulage Association in trucks cartel proceedings, and (2) CMA launches consultation on updated version of its guidance on investigation procedures in Competition Act 1998 cases.
Information Law analysis: Jonathan Armstrong and André Bywater, partners at Cordery, consider how a ransomware attack works, the potential legal and commercial risks of paying a ransom, and how to prevent or react to ransomware attacks.
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