Read e-book online Access to Justice: A Critical Analysis of Recoverable PDF

By J. Peysner

ISBN-10: 1137397233

ISBN-13: 9781137397232

ISBN-10: 1349484830

ISBN-13: 9781349484836

This ebook addresses an test in investment funds harm claims in England from 2000 to 2013. The version - recoverable conditional charges - used to be targeted and has remained so. It covers the advance, modification and powerful abolition of the version, in addition to the method of coverage improvement and the inducement and ambitions of the coverage makers.

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Additional resources for Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No-Win No-Fee Funding

Sample text

As explained above,17 a legally aided client would not inevitably, but might in certain circumstances, have to pay a contribution. If the case was lost then, potentially, that contribution might be lost and an equivalent amount paid towards the opponent’s costs. 18 In other words, the client had ‘some skin in the game’. This was mirrored by the MINELA client using a pre-2000 non-recoverable CFA. If the case was lost, then before launching the case the ATE premium to protect the client against paying the opponent’s costs would have to be paid.

There may be cases where a substantial counterclaim is made . . however, there are few legally aided cases with counterclaims39 without a counterclaim, it’s difficult to see how conditional fees could provide an alternative for those defendants who, by definition, lacked the means to finance litigation and have no expectation of a money recovery from which to meet any success fee. Legal aid will therefore continue to be available to assist those defending claims against them for the payment of money or damages.

45 This pragmatic approach to the development of policy in England was not restricted to procedural reform at this time, and is discussed extensively below, but it had a particularly unfortunate affect in this area. 46 Second, it ignores the potential identified in the Third Wave of non-court-based dispute resolution or diversion systems. The Access to Justice Movement 25 This approach remained remarkably consistent over the period leading up to 1997. The focus remained on dispute resolution within the court system and the symbiotic problem of costs and legal aid.

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Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No-Win No-Fee Funding by J. Peysner


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