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Risk Assessment in Litigation: Conditional Fee Agreements, Insurance and Funding

David ChalkPrincipal Lecturer, Anglia Polytechnic University

ISBN13: 9780406939159
ISBN: 0406939152
New Edition ISBN: 1845927524
Published: June 2001
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: Out of print



""This new work will ensure that practitioners and insurers have all the information and guidance they need to assess the risk of a case in a practical and effective way and learn to develop strategies to identify and manage risk in litigation. It covers the law and principles of conditional fee agreements as well as considering the insurance and funding aspects. In-depth and up-to-date coverage of risk assessment Practical case studies consider the use of conditional fee agreements in key practice areas: personal injury, clinical negligence and insolvency Considers ethical questions of litigating under conditional fee agreements, whether solicitor or barrister Relevant materials extracted into the text for easy reference Helpful tables set out calculations for payment and for funding of disbursements Guidance on how firms should organise themselves to ensure successful management of the risks involved in litigation under CFAs Considers the new collective conditional fee legislation Includes supplement covering Callery v. Gray and Sarwar v. Alam""

Reprinted with ISBN: 9781845927523

Subjects:
Insurance Law, Courts and Procedure
Contents:
""Part 1: The Regulation of Litigation FundingThe Common LawThe Professional RulesThe Modern Statutory RegimePart 2: Conditional Fee Agreements Made After 1 April 2000The Statutory regimeThe AgreementGiving Information to the ClientThe Law Society Model CFA for Personal Injury CasesRecoverability of the Success FeeCollective Conditional Fee AgreementsPart 3: Conditional Fee Agreements made before 1 April 2000The Statutory RegimePart 4: Conditional Fee Agreements made between 1 April and 3 July 2000The Transitional ProvisionsPart 5: Conditional Fee Agreements between Solicitors and the BarModel AgreementsPart 6: Other Funding AgreementsIs it a Conditional Fee Agreement?Part 7: Insurance and FundingLegal Expenses InsuranceAfter the Event InsuranceInforming ClientsRecoverability of Insurance PremiumFundingPart 8: Costs Orders Against Third PartiesThird Parties and Conditional FeesPart 9: Risk AssessmentPrinciples of Risk AssessmentMethods of Risk AssessmentRisk and Success FeesProbabilityDecision TreesPart 10: Case StudiesPersonal InjuryClinical NegligenceInsolvencyContractual DisputesPart 11: No Money ClaimsConditional Fee Agreements and Risk Assessment in Non-Money ActionsPart 12: Questions and AnswersAppendicesStatutory materialsModel Conditional Fee AgreementsForms""