By J. Peysner
This e-book addresses an test in investment cash harm claims in England from 2000 to 2013. The version - recoverable conditional charges - used to be particular and has remained so. It covers the improvement, modification and potent abolition of the version, in addition to the method of coverage improvement and the incentive and targets of the coverage makers.
Read Online or Download Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding PDF
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Extra info for Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding
Conditional fees ensure that the risks of litigation are shared between the lawyer and the client: clients do not pay the lawyers fees unless they win; and lawyers, when they win, receive the level of fees that recognises the risk that they have taken. Lawyers are better placed to know the strength of the case and how to deliver the most successful outcome. 25 • Refocus legal aid by removing cases which can be ﬁnanced in some other way and promoting access to justice by directing the legal aid budget to priority areas.
25 • Refocus legal aid by removing cases which can be ﬁnanced in some other way and promoting access to justice by directing the legal aid budget to priority areas. This will allow the Government ultimately to concentrate publicly funded support on legal services towards helping people secure their basic rights such as a decent home, appropriate social security beneﬁts and challenging ofﬁcialdom to judicial review, and towards assisting cases that raise issues of wider public interest. The present system does not allow the Government to do this.
This is a technical rule which requires the successful party’s contract of retainer with his lawyer to include liability for costs which the lawyer attempts to recover. As explained, this does not mean that the successful party will, after assessment, receive all his or her cost liability but that potentially there is a liability to be Replacing Legal Aid by Recoverability 51 wholly or partly satisﬁed. As will become clear, it is this rule which was exploited by unwilling payers during the ‘Cost War’.
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