LAW BP0195173- Civil Litigation Revision Notes -2022

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Solicitor’s considerations Taking instructions: • Letter of advice – confirmation of instructions, factual details and objectives, initial advice, summary of further information and agreed nex... t steps. • Retainer – Code of Conduct Chapter 1 – fees, complaints etc. Solicitor’s considerations Taking instructions: • Letter of advice – confirmation of instructions, factual details and objectives, initial advice, summary of further information and agreed next steps. • Retainer – Code of Conduct Chapter 1 – fees, complaints etc. Costs in civil cases • Solicitor-client costs: profits + disbursements (+VAT). • Party-party costs: o CPR 44.2(2): General rule – loser pays winner’s costs. o CPR 44.2(1): Court has discretion to award costs.  Client notified: rare for 100% recovery and any shortfall will have to be paid by them • Court only provides part of cost in award; • Court only provides for reasonable costs (usually 70%); • The other side may not have any money to recover. • O(1.13): Should advise client from outset that they will not recover all of their costs and provide costs information and updates throughout. CONTINUED............ [Show More]

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