When did damages-based agreements become available for litigation?

Damages-based agreements became available for civil litigation on 1 April 2013. Section 45 of LASPO and regulations made under it permitted them.

What caps apply to damages-based agreements?

A personal injury agreement is capped at 25% of damages and an employment case at 35%. Other civil cases are capped at 50% of the sum recovered.

Why are damages-based agreements little used?

Difficulties in drafting and uncertainty in the regulations discouraged lawyers from offering them. Restrictions on mixing them with other funding also limited their use.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

Topic overview Delegated legislation and enabling Acts Statutory instruments By-laws Orders in Council and Henry VIII powers Parliamentary controls on delegated legislation Judicial control and the ultra vires doctrine Reasons for the use of delegated legislation Advantages and disadvantages of delegated legislation Devolved legislatures

Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

Topic overview The civil courts and their jurisdiction Starting a claim and the Civil Procedure Rules Allocation to track and case management Civil appeals and the appellate courts Tribunals: development, role and control Arbitration Mediation, conciliation and negotiation Trial, judgment and enforcement Justice, interests and barriers in the civil process

The Criminal Process

Topic overview Classification of offences and the criminal courts The magistrates' courts: powers and the role of lay magistrates The Crown Court, allocation and its powers Criminal appeals and miscarriages of justice The Crown Prosecution Service Bail Theories and objectives of sentencing Sentencing adults and young offenders Jury qualification, disqualification and selection Jury trial in operation, criticisms and alternatives Justice, interests and barriers in the criminal process

Legal Personnel

Topic overview Solicitors: education, training and role Barristers: education, training and role Structure of the legal professions, fusion and social background Regulation of the legal professions Legal executives and paralegal personnel The judiciary: hierarchy, composition and role Judicial selection, appointment and training Judicial independence and the rule of law The magistracy and district judges in the magistrates' courts

Access to Justice and Funding

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Contract: Rules and Theory of Contract LawContract

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Topic overview Offers and invitations to treat Communication, revocation and lapse of an offer The rules of acceptance Communication of acceptance and the postal rule The rules of consideration Existing duties and part payment of a debt Promissory estoppel Intention to create legal relations Privity of contract and third party rights

Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

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Contract: Discharge of ContractContract

Topic overview Discharge by performance and the rule in Cutter v Powell Exceptions to the entire performance rule Time of performance and tender of performance Discharge by agreement Discharge by actual breach Anticipatory breach Frustration: impossibility, death and incapacity Frustration: illegality, sterility and radical change Limits on frustration and the Law Reform (Frustrated Contracts) Act 1943

Contract: RemediesContract

Topic overview The purpose and measure of compensatory damages Causation and remoteness of damage Mitigation of loss and contributory fault Cost of cure, difference in value and loss of amenity Damages for distress and disappointment Liquidated damages and penalty clauses Rescission and rectification Specific performance Injunctions and the limits of equitable remedies

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Tort: Occupiers' LiabilityTort

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Tort: Defences and RemediesTort

Topic overview Volenti non fit injuria: the elements of the defence Volenti, rescuers and employees Volenti in road traffic cases and the defence of illegality Contributory negligence and the Law Reform (Contributory Negligence) Act 1945 Applying contributory negligence: seat belts, children and emergencies Defences and remedies in claims connected to nuisance and Rylands v Fletcher Compensatory damages in tort Assessing personal injury damages and mitigation of loss Injunctions and other remedies in tort

Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

Topic overview Actus reus: conduct, consequences and states of affairs Voluntary and involuntary conduct Liability for omissions Factual causation Legal causation and intervening acts Intention: direct and oblique Recklessness, negligence and transferred malice Coincidence of actus reus and mens rea Strict liability and the Gammon tests

Criminal Law: Offences Against the PersonCriminal

Topic overview Murder: elements and malice aforethought Voluntary manslaughter: loss of control Voluntary manslaughter: diminished responsibility Unlawful act manslaughter Gross negligence manslaughter Assault Battery Actual bodily harm under section 47 Malicious wounding and grievous bodily harm under section 20 Wounding and grievous bodily harm with intent under section 18

Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

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Human Rights: ReformHuman rights

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The Nature of Law

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Access to Justice and Funding

Damages-based agreements and other alternative funding

3 things to know
Component 1

Overview

Main sources of funding for a civil case, damages-based agreement and third party litigation funding.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Name the main sources of funding for a civil case.

Key term

What alternative methods of funding exist outside legal aid?

Key term

What is a damages-based agreement?

Questions from this subtopic

Each one with the model answer underneath.

1
Name the main sources of funding for a civil case.
Model answer
The main sources of funding are legal aid, private payment, insurance and conditional fee agreements. Trade union support and commercial litigation funding are further sources.
2
What alternative methods of funding exist outside legal aid?
Model answer
Alternative methods of funding include insurance, union support, conditional fees and third party investment. Each method depends on someone other than the client carrying part of the risk.
3
What is a damages-based agreement?
Model answer
A damages-based agreement pays the lawyer a percentage of the damages recovered. The lawyer receives nothing at all if the claim fails.
4
When did damages-based agreements become available for litigation?
Model answer
Damages-based agreements became available for civil litigation on 1 April 2013. Section 45 of LASPO and regulations made under it permitted them.
5
What caps apply to damages-based agreements?
Model answer
A personal injury agreement is capped at 25% of damages and an employment case at 35%. Other civil cases are capped at 50% of the sum recovered.
6
Why are damages-based agreements little used?
Model answer
Difficulties in drafting and uncertainty in the regulations discouraged lawyers from offering them. Restrictions on mixing them with other funding also limited their use.

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