The document discusses conditional fee arrangements (CFAs) which were introduced in 1995 and will replace legal aid for personal injury cases except medical negligence. It examines how CFAs work, including success fees of up to 100% that the losing party must pay. While CFAs have increased access to justice for some, research also found they have not benefited the poorest clients and some cases have fees well above 100%.
2. Starter Answer these questions: What is a quality mark? Name 2 matters which are excluded from the Community Legal Service Fund Who has priority for funding? What is CLS Direct? What is the difference between disposable income and disposable capital?
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4. Under the Access to Justice Act 1999, CFA’s will replace legal aid completely in personal injury cases, apart from medical negligenceSo what is a CFA?
6. Conditional Fee Arrangements Read the pages in your book and answer the questions: What is the difference between USA contingency fees and the UK’s CFAs? How do CFAs work? Under the 1999 Act if you are funded by CFA and win what will the loser now have to pay in addition to normal costs?
7. How conditional fees work The solicitor and client agree on the fee. The agreement also states what the solicitor’s “success fee” will be. This can be up to 100% of the normal fee. Calleryv Gray – Court of Appeal ruled that a 20% success fee was the maximum that the defendant would normally be ordered to pay in a modest and straightforward personal injury case.
8. Conditional Fee example You have been given an example of a conditional fee agreement. What would the outcome have been if they had been awarded £1,000? What is wrong with this?
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10. those with risky cases were likely to have to shop around to find a solicitor who would take the case
20. fixed fees for solicitors carrying out legal aid work in police stations
21. revised graduated fees for Crown Court advocates – give barristers more for the 1 to 10 day case, but cut fees for longer cases
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23. Exam Question You have 1 hour to write this assignment, using the plan given: Outline the role played by the Legal Service Commission [14] Consider the extent to which the AJA 1999 marks a radical break from the previous provision of legal aid [11]
