“We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time.”
Wolverhampton County CouncilAccess all documents on Fee sharing arrangement
This Practice Note This Practice Note sets out the systems and controls to consider when your firm receives personal injury (PI) referrals, so you can spot banned PI referral arrangements and ensure compliance with the statutory and regulatory framework for any PI referral arrangements you regard as permissible. It reflects the SRA Standards and Regulations and the underlying statutory scheme—the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). For guidance on referrals made by your own firm, see subtopic: Introductions to third parties for complementary information. Not every PI referral arrangement to your practice that involves payment is unlawful in every circumstance. See Practice Note: Personal injury referral arrangements—SRA requirements—Statutory regime, which outlines the statutory scheme and how the SRA applies it. See also Practice Note: Personal injury referrals—SRA examples, flowchart and guidance. For guidance on the SRA’s general requirements concerning referral arrangements (including PI referral arrangements), see Practice Note: Referral and fee sharing arrangements...
This Practice Note sets out how the damages-based agreement (DBA) framework functions in the context of employment cases. Separate provisions govern DBAs in wider civil litigation and in personal injury matters, and those areas fall outside the scope of this Practice Note. For additional assistance on those topics, refer to the Practice Notes: Damages-based agreements (DBAs) and Damages-based agreements—personal injury and clinical negligence. For a general overview of litigation funding, see Funding arrangements—overview. The legal context Historically, a solicitor having a financial stake in the result of a client’s contentious matter was widely regarded as objectionable: to provide unbiased and proper advice, the solicitor was expected to remain disinterested and to receive the same remuneration whether the case succeeded or failed. Any bargain that turned on future events (for example, a fee contingent upon the outcome, or a contingency fee arrangement) clearly conflicted with that principle and was treated as ‘maintaining’ the proceedings. Where the bargain involved sharing in the proceeds of the litigation, it was described as...
CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 28 May 2014; it is no longer maintained. See further, timeline, commentary and related cases Case facts Outline of the European Commission’s merger review of Hutchison 3G UK’s proposed purchase of Telefónica Ireland (Case M.6992). Latest developments The Commission approved the deal on 28 May 2014, subject to commitments in two parts: To enable near‑term entry by two MVNOs, with the option for one to evolve into a full MNO via later spectrum acquisition—H3G will provide up to 30% of the combined network’s capacity to two MVNOs in Ireland for a fixed fee through a dedicated ‘pipe’, which the Commission considered more suitable for Ireland than the prevalent pay‑as‑you‑go model elsewhere in Europe. In addition, five spectrum blocks will be divested from 01/01/2016 for ten years. To ensure Eircom remains a competitive MNO by continuing the existing network‑sharing arrangement on enhanced terms. ...
1 Background information Introducer/fee sharer's name [ Insert name ] Financial and alternative terms of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Individual carrying out this due diligence review [ Insert name ] Date the due diligence review was completed [ Insert date ] 2 Compliance issues Is a written agreement necessary?...
1 Background information Introducer/fee sharer name [ Insert name ] Financial and other particulars of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Person undertaking this due diligence exercise [ Insert name ] Date of the due diligence exercise [ Insert date ] 2 Personal injury compliance Will you be sent referrals for the purposes of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) or under the SRA Glossary? Yes (proceed with the remainder of Section 2) No (move on to Section 3) Does the referral arrangement require you to make any payments (including sharing your fees) for the purposes of LASPO 2012, s 56? Yes No If yes, are those payments: (A) for the referrals/the referral arrangement itself, or (B) given...