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Contingent Fee
A contingent fee (also known as a contingency fee in the United States or a conditional fee in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many fields, it is particularly well associated with legal practice. In the law, a contingent fee is defined as a fee charged for a lawyer's services that is payable only if a lawsuit is successful or results in a favorable settlement, usually in the form of a percentage of the amount recovered on behalf of the client. Contingent fees may make it easier for people of limited means to pursue their civil rights since otherwise, to sue someone for a tort, one must first be wealthy enough to pursue such litigation in the first place. Due to the risk of loss, attorneys will not take cases on a contingency basis unless they believe that the case has merit, although accepting cases on a contingency is not without risk. Contingent legal fees Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of island countries, sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The Geography of New Zealand, country's varied topography and sharp mountain peaks, including the Southern Alps (), owe much to tectonic uplift and volcanic eruptions. Capital of New Zealand, New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and subsequently developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Justice Act 1999
The Access to Justice Act 1999 (c. 22) is an act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. It created the Legal Services Commission, replacing the Legal Aid Board, and two new schemes: Community Legal Service to fund civil and family cases, and the Criminal Defence Service for criminal cases. The Act put a cap on the amount spent on civil legal aid. The use of conditional fee agreements, commonly known as "no-win no-fee", was extended to most civil court cases. Rights of appeal Section 54 of the Act both creates and limits rights of appeal. One effect of this, as set out in the UK Supreme Court Practice Direction 1 is "The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. The effect of this provision is that the Supreme Court may not entertain any appeal against an order of the Court of Appeal refusing permission for an appeal to the Court of Appeal from a lower court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts And Legal Services Act 1990
The Courts and Legal Services Act 1990 (c. 41) was an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked. The changes introduced in the act covered a variety of areas. Important changes were made to the Judiciary of England and Wales, judiciary, particularly in terms of appointments, judicial pensions and the introduction of Judiciary of England and Wales#District judges, district judges, the arbitration process of Alternative Dispute Resolution and the procedure in the courts, particularly in terms of the distribution of civil business between the High Court of Justice, High Court and the County Court (England and Wales), county courts. The most significant changes were made in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champerty And Maintenance
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: *Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French '' -4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... ''champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Johan Steyn, Baron Steyn">Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swynfen Will Case
The Swynfen (or Swinfen) will case was a series of English trials over the will of Samuel Swynfen that ran from 1856 to 1864 and raised important questions of ethics in the legal profession. The case Samuel Swynfen of Swinfen Hall, Staffordshire died in 1854 and, in his will, left £60,000 (around £ in present-day terms) to his widowed daughter-in-law Patience Swynfen. But Samuel possessed another large estate that was not mentioned in his will. Patience claimed that too.Kingston (1923) However, Frederick Hay Swynfen, Samuel's nephew, also claimed the estate. Litigation followed with eminent barristers Sir Frederick Thesiger representing Patience and Sir Alexander Cockburn the nephew. Contrary to Patience's instructions, Thesiger negotiated a settlement with Cockburn and put it to the judge. Patience was furious and succeeded in having the agreement set aside and a new trial listed. Dismissing Thesiger, Patience instructed a young and little known barrister named Char ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Success Fee
A contingent fee (also known as a contingency fee in the United States or a conditional fee in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many fields, it is particularly well associated with legal practice. In the law, a contingent fee is defined as a fee charged for a lawyer's services that is payable only if a lawsuit is successful or results in a favorable settlement, usually in the form of a percentage of the amount recovered on behalf of the client. Contingent fees may make it easier for people of limited means to pursue their civil rights since otherwise, to sue someone for a tort, one must first be wealthy enough to pursue such litigation in the first place. Due to the risk of loss, Lawyer, attorneys will not take cases on a contingency basis unless they believe that the case has merit, although accepting cases on a contingency is not without risk. Contingent legal fees ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitor
A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), and a lawye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Rule (legal Term)
In the field of law and economics, the English rule is a rule controlling assessment of lawyers' fees arising out of litigation. The English rule provides that the party that loses in court pays the other party's legal costs. The English rule contrasts with the American rule, under which each party is generally responsible for paying its own attorney fees (unless a statute or contract provides otherwise). Some argue that the American system encourages frivolous or "extortionate" suits against businesses with "deep pockets," because plaintiffs can have a contingency fee arrangement with the attorney whereby they pay nothing to the attorney if the case loses. Under a contingent fee arrangement, the attorney for the plaintiff faces no consequences, other than lost time and effort, for bringing a suit that loses, but he can collect huge fees (typically 30% to 40% of the damages awarded) if he wins. By the same token, wealthy defendants have a strong incentive to pay the plaintiff to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Spain
The Supreme Court ('', TS'') is the Supreme court, highest court in the Spain, Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court of Spain, Constitutional Court. The Court was originally established pursuant to Title V of the Constitution of 1812 to replace the Polysynodial System, System of Councils in all matters that affected justice, and it is currently regulated by Title VI of the Spanish Constitution of 1978, Constitution of 1978. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court (Spain), President of the Supreme Court (who also chairs the General Council of the Judiciary), the Vice President of the Supre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Korea
The Supreme Court of Korea () is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the court has ultimate and comprehensive jurisdiction over all cases except those falling under the jurisdiction of the Constitutional Court of Korea. It consists of 14 justices, including the chief justice of the Supreme Court of Korea. In 2025, President Lee Jae-myung added 16 more seats to the court. The Supreme Court sits atop all ordinary courts in South Korea and has traditionally represented the conventional judiciary of South Korea. The Supreme Court of Korea is one of the two apex courts in South Korea, the other being the Constitutional Court of Korea. History The original constitution during the First Republic established 'Supreme Court' and 'Constitutional Committee' () in Chapter 5. The Supreme Court was established as the highest ordinary court but lacked the power of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
