Question 1

Which definition most accurately describes a conditional fee arrangement ('CFA')?

Accepted Answer

A CFA allows lawyers to share the risk of litigation with clients by offering arrangements like 'no win, no fee' or 'no win, limited fee'.

Question 2

Which of these do not form part of the CFA?
The costs of any action that the client needs to consider could include …

Accepted Answer

The costs of the opponent are not part of the CFA.

Question 3

Which statute governs the implementation of CFAs?

Accepted Answer

The implementation of Conditional Fee Agreements (CFAs) is governed by the Courts and Legal Services Act 1990, which was amended by section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO 2012).

Question 4

Which is not correct?
Where a client has a CFA with a success fee the solicitor should have explained …

Accepted Answer

The success fee under a Conditional Fee Agreement (CFA) is not recoverable from the opponent; it is typically payable by the client to their solicitor.

Question 5

Which is not correct?
CFAs can be used when it is appropriate and possible to do so …

Accepted Answer

CFAs, or Conditional Fee Agreements, are typically used between solicitors and their clients (claimant or defendant) and between solicitors and barristers. They are not used between solicitors and experts instructed in the action.

Question 6

The courts have given guidance on the level of success fee payable by a client in a CFA personal injury action. Which of the following is the correct level of success fee?

Accepted Answer

The correct level of success fee in a CFA personal injury action is up to 100% of base costs, but it cannot exceed 25% of the damages awarded, excluding future care claims and net of benefits received. This ensures that the success fee is reasonable and proportionate to the amount recovered.

Question 7

DBAs are now permitted in civil litigation. Which statement is incorrect?

Accepted Answer

DBAs (Damages-Based Agreements) are typically entered into by claimants, not defendants, as they are agreements where the lawyer's fee is contingent on the success of the case and is a percentage of the damages awarded.

Question 8

Assume that a CFA with a success fee has been entered into between a client and his solicitor. Which of the following courses of action is correct?

Accepted Answer

The answer of Assume that a CFA with a success...

Question 9

Which is correct?
The fees of an expert instructed in a case can be one of the most costly disbursements. To alleviate the cost to the firm or the client …

Accepted Answer

The answer of Which is correct?
The fees of an expert...

Question 10

Your commercial client entered into a CFA without a success fee prior to the issue of proceedings in his breach of contract claim. Which of the following is correct in terms of the documentation your client is required to file at court on the issue of proceedings?

Accepted Answer

The answer of Your commercial client entered into a CFA...

Question 11

Which is the most accurate answer?
The purpose of a statement of case is to …

Accepted Answer

The primary purpose of a statement of case is to help the parties narrow down the issues and identify the core claims, facilitating a clearer understanding of the dispute.

Quiz 1: Introduction & A modern litigation approach & Costs information to the client and funding options

Which definition most accurately describes a conditional fee arrangement ('CFA') ?

Which of these do not form part of the CFA? The costs of any action that the client needs to consider could include …

Which statute governs the implementation of CFAs?

Which is not correct? Where a client has a CFA with a success fee the solicitor should have explained …

Which is not correct? CFAs can be used when it is appropriate and possible to do so …

The courts have given guidance on the level of success fee payable by a client in a CFA personal injury action. Which of the following is the correct level of success fee?

DBAs are now permitted in civil litigation. Which statement is incorrect?

Assume that a CFA with a success fee has been entered into between a client and his solicitor. Which of the following courses of action is correct?

Which is correct? The fees of an expert instructed in a case can be one of the most costly disbursements. To alleviate the cost to the firm or the client …

Your commercial client entered into a CFA without a success fee prior to the issue of proceedings in his breach of contract claim. Which of the following is correct in terms of the documentation your client is required to file at court on the issue of proceedings?

Which is the most accurate answer? The purpose of a statement of case is to …