Fast Track Funding

[Huh]

I was sued by someone (they lost) using legal expenses insurance (LEI) - Fast Track case.

Should that party have filed a form (N251?) to notify the LEI funding arrangement?

Is that person obliged to notify a change of funding?

If that party is obliged to notify change of funding arrangement how do I force them to do so?

[Guest]

Re: Fast Track Funding

Yes and Yes.

Write to the Court or have your own solicitor do it. Not to notify is a breach of CPR, more particularly CPR 44.15(2)

[Huh]

Re: Fast Track Funding

Dear Cetelco,

Very dynamic, thank you for your reply.

[Huh]

Re: Fast Track Funding

After delving into this a bit more, it seems that only if the party (the Claimant in this case) is seeking recovery of CFA or after the event insurance is that person obliged to provide details of funding or change of funding. Can anyone confirm this?

In my circumstance the information of the funding via before the event insurance was volunteered as an attempted strong arm tactic. Given that the information was volunteered is there any argument that can be made to oblige them to provide information about the change of funding that has occurred?

[Guest]

Re: Fast Track Funding

The CPR do not appear to make any distinction between parties in this instance, where have you found out that this only applies to one party?

[Huh]

Re: Fast Track Funding

Dear Cetelco,

Thank you for the reply. Sorry but I do not understand it.

I have been trying to establish if I have a right to know how the person who sued me (the claimant) is funded and the right to know if that funding changed.

At first it appeared that I did have a right to know (CPR 44). However on further investigation the right to know appears to apply only to situations where a party has a CFA or After the Event insurance, where that party is trying to reclaim the premium.

I was hoping to obtain confirmation of this "further investigation".

Regards

Huh

[Paule]

Re: Fast Track Funding

I have been trying to establish if I have a right to know how the person who sued me (the claimant) is funded and the right to know if that funding changed.

Is there a specific reason you are trying to obtain this information?
It may help us answer your query better

PKea

[Huh]

Re: Fast Track Funding

Thank you for your reply.

I believe that the legal expenses funding for the other party has been stopped. If I have a right to know of a change in funding I would like to enforce that right.

[Paule]

Re: Fast Track Funding

I will ask a friend who is a Legal Cost negotiator if they can shed any light on this or any clarification, unless you get it clarified in the meantime

[Huh]

Re: Fast Track Funding

Thank you very much.

[righty]

Re: Fast Track Funding

It would help if we knew the claims total value

[Huh]

Re: Fast Track Funding

Why? It is in tens of thousands.