Conditional Fee Agreements
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A conditional fee agreement, also known as a "no win no fee" agreement, allows a representative to only recover costs if a case is successful, while the client pays disbursements and insurance as the case progresses. The representative can also claim a success fee or uplift from the other party if notice is given, and alternatives include private funding or legal expenses insurance.
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The document discusses criminal damage offenses under the Criminal Damage Act 1971. It outlines the 3 offenses as basic criminal damage, aggravated criminal damage, and arson as defined in Section 1 of the Act. For basic criminal damage, the 3 elements that must be proven are: 1) destruction or damage, 2) to property, and 3) belonging to another. Damage is broadly defined based on case law. Aggravated criminal damage requires the additional element of intending or recklessly endangering life. Defenses to criminal damage are also provided in Section 5 of the Act.
Criminal Law: Intoxication
This document summarizes several cases related to the defense of intoxication in criminal law. It establishes that voluntary intoxication generally cannot be used as a defense, as drunken intent is still considered intent. However, if a defendant was intoxicated to the point of lacking the necessary mental state or mens rea for the crime, intoxication could provide a defense for crimes requiring specific intent but not crimes of basic intent or manslaughter. Subsequent cases further clarified that mistakes due to intoxication cannot be relied on as a defense and that involuntary intoxication is also not a valid defense.
Criminal Law: Diminished Responsibility
This document outlines the four elements of the diminished responsibility defense in criminal cases in the UK: 1) the defendant had an abnormality of mental functioning, 2) the abnormality was a recognized medical condition, 3) the abnormality substantially impaired the defendant's ability to understand their actions, and 4) the abnormality provides an explanation for why the defendant carried out the killing. Case law has established that the impairment does not need to be total and is determined by a jury to be something between total and trivial or minimal. The abnormality and impaired state of mind must also be present at the time of the alleged killing.
Tort Law: Public Policy And Psychiatric Injury
This document discusses several court cases related to public policy and psychiatric injury from tort cases. It establishes that courts now have the power to consider public policy implications when imposing liability. One case did not impose liability on police who failed to act on a warning about a teacher who later killed a student, though this was later challenged. The standard for primary victims claiming psychiatric injuries was that injuries must be reasonably foreseeable, and secondary victims must meet four criteria including witnessing the incident and having a close relationship to the primary victim.
Tort Law: Causation
This document discusses several legal cases related to causation in tort law. It covers topics such as: factual causation tests like the "but for" test; multiple causes of harm where a defendant's actions contributed materially to the damage; intervening acts that may break the chain of causation; the thin skull rule where defendants must take victims as they find them; and the test that the harm suffered must be reasonably foreseeable to be recoverable.
Costs
The document discusses various aspects of costs in UK civil litigation, including:
- The general rule that costs follow the event, but the court has discretion based on circumstances.
- Reforms introduced by LASPOA 2012, including the qualified one-way costs shifting for personal injury claims, proportionality requirements, costs budgets, fixed costs for certain claims, and provisional detailed assessments.
- The procedures for summary assessment of costs at the end of fast track trials, and detailed assessment of costs in multi-track cases, including points of dispute processes.
- The standard and indemnity bases of assessment and wasted costs orders against lawyers.
Financing litigation
This document discusses various methods for financing civil litigation in England and Wales, including retainers, contingency fees (CFAs), damages-based agreements (DBAs), insurance, qualified one-way costs shifting (QOCS), and public funding. It provides details on reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, such as success fees and ATE premiums no longer being recoverable from the losing party. CFAs and DBAs are now the main alternatives to traditional retainers, with caps on the percentage of damages that can be claimed. Public funding through legal aid has limited availability and alternative options may include trade union support.
Unfair dismissal
This document discusses unfair dismissal, including:
- 4 types of dismissal: fair, unfair, wrongful, constructive
- What constitutes unfair dismissal, including dismissal for a potentially fair reason without following fair procedure
- 4 automatically unfair reasons for dismissal relating to pregnancy, family reasons, representation, pay and hours
- 5 potentially fair reasons for dismissal under UK law: conduct, capability, redundancy, statutory restriction, other substantial reasons
- The 5 preliminary requirements for an unfair dismissal claim: 1 year continuous service, employee was dismissed, claim brought on time, not an excluded category, effective date of termination
English Legal System
This document discusses the definition of law according to five academics and classifies law into seven main categories. It defines law as a body of rules fixed and enforced by a sovereign authority according to John Austin, and as a system of rules according to Professor Hart. Law can also be seen as an embodiment of reason (Plato) or a tool of control (Marxist theory). The seven classifications of law covered are domestic, European, international, public, private, civil, and criminal law.
Delegated Legislation: Substantive ultra vires
The document discusses the concept of substantive ultra vires, which allows courts to intervene when public authorities abuse their powers by creating laws illegally or unreasonably. It provides examples of cases where authorities have overstepped their powers, such as giving a government department more authority than Parliament or forcing people to remove snow when they lacked that authority. Courts can review delegated legislation for unreasonable acts under the concept of substantive ultra vires.
Delegated Legislation: Procedural Ultra Vires
Procedural ultra vires occurs when a public authority exceeds its powers by failing to follow mandatory procedural requirements in its enabling act. Case law has established that statutory instruments will be invalidated if mandatory consultation or publication requirements are not followed, but not if the procedures are only directory. For example, in R v Secretary of State for Education and Employment, a statutory instrument setting teacher pay conditions was ruled ultra vires for failing to follow the powers granted by the enabling act.
Contract Case law: Offer
This document summarizes several contract case law rulings related to offers:
1) R v Clarke and Taylor v Laird established that for an offer to be accepted, the offeree must have knowledge of the offer and intend to accept it at the time of the alleged acceptance.
2) Partridge v Crittenden, P.S.G.B. v Boots Chemists, Fisher v Bell, and Harvey v Facey ruled that shop displays and advertisements are invitations to treat, not offers, which can be revoked before acceptance.
3) Carlill v Carbolic Smoke Ball Co established that advertisements can constitute unilateral offers in exceptional cases.
Theft: Appropriation and consent
The document discusses several court cases related to the definition of theft and appropriation. It notes that in some cases such as Lawrence (1971), taking property with consent was still considered appropriation. However, in other cases such as Fritschy (1985) and Gallasso (1993), taking property with the owner's permission did not amount to appropriation in the legal sense of theft. The document analyzes how the legal concept of appropriation has been applied inconsistently depending on the specific case and jurisdiction.
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Event Link:- https://meetups.mulesoft.com/events/details/mulesoft-mysore-presents-mule-event-processing-models/
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For Upcoming Meetups Join Mysore Meetup Group - https://meetups.mulesoft.com/mysore/YouTube:- youtube.com/@mulesoftmysore
Mysore WhatsApp group:- https://chat.whatsapp.com/EhqtHtCC75vCAX7gaO842N
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Shubham Chaurasia - https://www.linkedin.com/in/shubhamchaurasia1/
Giridhar Meka - https://www.linkedin.com/in/giridharmeka
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إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
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Conditional Fee Agreements
- 2. A Conditional Fee Agreements: is often referred to as a "No Win - No Fee" Agreement.
- 3. Representative Only Recovers: costs if the case is successful
- 4. Client Will Pay: disbursements and insurance as case progresses
- 5. A Success Fee/Uplift: can be claimed from the other party
- 6. Notice: must be given to the other party to be able to recover
- 7. Alternatives: are private funding and legal expenses insurance.