Advantages And Disadvantages Of Conditional Fee Arrangements Law Essay

Advantages And Disadvantages Of Conditional Fee Arrangements Law Essay UK legal aid system has undergone tremendous changes and reforms ever since its introduction in 1949. Its purpose of the act was to provide legal advice for those of slender means and resource, so that no one will be financially unable to prosecute a trust and reasonable claim or defend a legal right and to allow solicitors and counsel to be remunerated.  [1]  Due to its popularity, legal aid expenditure imposed a heavy burden on the government. In solving this problem, the UK legal aid system undergone various reforms. Conditional Fee Arrangement (hereafter CFA) was a result of one of these reforms after half a decade when legal aid act created. Ever since its introduction in 1990, CFA has been a controversial topic among legal educators. In determining the success of the CFA system, it cannot be easily determined purely by its utility rate, but ethics issue must also looked into. The numerous pros and cons of the scheme opened the door for criticism and professor to criticize. The history of legal aid dates back to 1949. After Second World War, it was recognized that equality of access and the right to representation before the law was fundamental to a just society. Hence, the Rushcliffe Committee made a number of recommendations that led to the establishment of the first legal aid scheme by the Legal Aid and Legal Advice Act 1949. The purpose of the legal aid scheme, as Lord Steyn once said is a principle of our law that every citizen has a right of unimpeded access to a court.  [2]  Generally, the legal aid scheme was a success. It achieved its purpose in ensuring that the public obtains access to justice. However, from the view of the State, the scheme was imposing heavy burden on the government. It is worth to point out that legal aid funding is placed very low in the political agenda as generally it does not favor anyone as compared to medical and education funding. As a result, Lord Irvine suggested capping a ceiling on legal aid funding. Since c apping the budget for criminal legal aid is against human rights, the only choice will be to first cover all cost in Criminal legal aid and civil legal aid will be funded by the leftovers.  [3]  In view of this, Lord XXX introduced CFA in the Court and Legal Services Act in 1990. The CLSA Act provided a statutory basis for parties to litigation to enter into CFA for a limited number of proceedings. Not until the Conditional Fee Arrangement in 1995 that it was released to different types of proceedings including personal injury, bankruptcy, insolvency and human rights cases. In 1998, subsidiary legislation has greatly widened the range of proceedings where CFA are permissible to cover most of the civil cases except for those specified in the CLSA act, which are mostly related to crime and family legislation. Today, majority of personal injury cases are funded by CFA under the amendment of Access to Justice Act 1999. CFA is an alternative to legal aid. It enables those without the necessary resources or with risk averse tendencies to take forward claims for compensation. It is an agreement whereby a lawyer and a client can agree to share the risk of the litigation by coming to a financial arrangement on the fee payable based on the outcome of the litigation. In the event of losing, the client will not be liable to pay any fee to their lawyer, but if the case is won, normal cost are payable. Although the client is required to pay the fee when winning the case, but it may be recoverable in full or in part from the losing party. Unlike Contingency Fee Arrangement, which is common in USA, CFA does not allow solicitor to claim a percentage of the winning. Instead, lawyers are allowed to charge the usual rate plus uplift if the case is successful. Conditional fee arrangements developed as a result of the proposed reduction in public funding for civil litigation and the fear that the abolition of legal aid would reduce access to justice for many. Access to justice is when people do need help, there are effective solutions that are proportionate to the issues at stake. In some circumstances, this will involve going to court; but in others, that will not be necessary. Someone charged with a criminal offence should have access to proper legal advice and representation, when the interests of justice require it. But in civil matters, for most people, most of the time, going to court is, and should be, the last resort. It is in no-ones interest to create a litigious society. People must make responsible choices about whether a case is worth pursuing; whether to proceed by negotiation, court action, or in some other way; and how far to take a relatively minor issue. This is one of the major advantages, which is also the purpose, of CFA and the legal aid system. A conditional fee agreement is therefore a very useful method of funding litigation as in many cases the prospective litigant may not have the financial resources to fund the case and may not qualify for legal aid. It is particularly important in personal injury cases as these claims cannot be funded by legal aid and as such many litigants would not have had legal redress owing to the lack of funding. Given the high cost of litigation in Hong Kong, those in the middle-income group whose means are above the limits set down by the Legal Aid Scheme and the Supplementary Legal Aid Scheme would have difficulty financing litigation. The second advantages of CFA is that it could reduce the cost of legal aid funding and that it could refocus legal aid by removing cases which can be financed in some other way and promoting access to justice for the need by directing the aid budget to priority areas. This will allow the Government ultimately to concentrate publicly funded support on legal services towards helping people secure their basic rights such as a decent home, appropriate social security benefits and challenging officialdom through judicial review, and towards assisting cases that raise issues of wider public interest. The present system does not allow the Government to do this. It allows no assessment of the importance of classes of cases or any way of targeting help towards priority needs. The government simply pays for the amount and type of legal services that lawyers wish to provide. The reduction of legal aid fund of removing all personal injury cases to CFA was significant. The third advantage of CFA is that weak cases will be weeded out. frivolous claim Because the solicitor is taking the risk of the charge, they will for sure assess the chance of success of each case before they accept it. This way, all weak cases will be weeded out. Also, under the CFA scheme, litigant are required to disclose to the other party. Disclosure of a CFA to the other party may encourage earlier settlement because the other partys cost exposure will increase in line with the level of the success fee. Although there are significant contribution, CFA also brings up lots of problems. . Traditionally, solicitors were restricted to change on a conditional or contingent basis. They have been restricted by case law, statutes and practice rules. The two main common law principles related to this are Maintenance and Champerty. Maintenance is where someone who is not a party to the action and has no interest in it, funds or otherwise supports one of the litigants. Such an agreement was generally held by the courts to be void for reasons of public policy and was also grounds for making an order for cost against a non-party funder. In entering CFA, lawyers may tend to put their duty to the court second to their desire to secure a win to guarantee fee, which may lead to suborning evidence, coaching witness, failing to give discovery of documents. This restricted the ability of solicitors to act either contingently and conditionally as they risked significant cost liability. A CFA gives the lawyer a financial interest in the litigation and he therefore takes control of the st rategy and resolution of the litigation. As Lord Denning once mentioned, in Re Trepca Mines Ltd. (No.2) 1963 CA, if legal advisors had a personal interest in the outcome of litigation they might be tempted to influence the damages, to suppress evidence or even to suborn witness Champerty is an aspect of maintenance where the third party not only supports a litigant but also takes a share of the damages awarded, e.g. contingent fee arrangement and success fee. Champerty has been held to be contrary to public policy and thus champerty agreement is void. Last but not least, Claimants may not be able to find a solicitor whos willing to take risk. Even if the case is strong, some solicitors may demand an unreasonably high chance of success to take the case. The decision in Calley v Gray and Halloran V Delaney have made solicitors less willing to take on the risk of CSA when success have been pegged at 20%. Further confusion has occurred after later decision of Sanwar V Alan and Designers Guild v Russell Williams, where the court allowed a claim of 100% success fee and justified it with the recognition that solicitor has taken a substantial risk in entering into CFA.

The Evolution and Duties of Teaching :: essays research papers fc

The Evolution and Duties of Teaching   Ã‚  Ã‚  Ã‚  Ã‚  Most people think that the only thing you need to do to be a teacher is to teach children. There are plenty of other tasks that follow. In the year of 1829, Samuel R. Hall in his Lectures on School Keeping maintained that many of the deplorable conditions in schools that were due to poor teaching, even going so far as to quote from a writer in the Journal of Education who claimed that â€Å"every person who is conscious of his imbecility in other business, esteems himself fully competent to train the ignorance and weakness of infancy, into all the virtue and power and wisdom of maturer years.† Hall started the first normal school to prepare teachers at Concord, Vt. in 1823. On July 3, 1839 the first state supported normal school started in Lexington, Mass. Training was progressed very slowly before 1850. During the next 100 Years the teacher education progressed rapidly. By 1890, there were 204 state, city, and private normal schools. Courses for teachers were offered in 114 colleges and universities. In 1950, there were 1,093 institutions preparing teachers; 432 were public, and 661 were private. In 1900 there were 172 public normal schools in the United States. Elementary teachers are also known as primary school teachers. They teach children from Kindergarten to sixth grade. Teachers introduce things like numbers, language, science, and social studies. They also teach the children how to develop into confident healthy young children. Teachers work real close with parents to help the children develop their full potential.   Ã‚  Ã‚  Ã‚  Ã‚  Elementary school teachers often teach a wide variety of subjects. Some teachers specialize in a couple of subjects and teach many different classes. They are very busy at all times. The stand in front of the students and teach. When they are not in the front of the classroom teaching they are putting together lesson plans for the upcoming days and correcting papers. Other parts of their job includes figuring out interesting and innovative ways to approach educational topics including; lectures, group discussions, hands-on activities, computer research, etc.   Ã‚  Ã‚  Ã‚  Ã‚  Teachers pass on academic subjects certain values and morals. Teachers watch children’s social skills and try to resolve any problems they see. They are also looking for accidents, signs of illness or any learning problems. They also look for any abuse areas that the child might face at home or any other place.   Ã‚  Ã‚  Ã‚  Ã‚  Teachers meet with other teachers to discuss things and to do

E-business †Selling shoes in United States Essay

Online shop attracts certain class of customers thus any company operating in goods and services on online shop must have a strategy of implementing their online shop. The designing of the website must be considered a critical factor of success of online shops. There fore, the company should acquire a variety of brand of shoes which attracts a specific class of customers that is the customers who are busy with extra disposable income to expand. They should also expand their product base which gives a customer a wide variety of shoes. An online store should reduce their costs by outsourcing labor from Asia and Africa to keep their products affordable to many. The company in online shop should enter into strategic alliances with other companies who have other products so that the online shop will be made use of apart from men shoe. Women shoes and make – ups should be part of the shop to ensure that the site becomes popular to many. They should also include advertisements of other popular products to ensure the differentiation strategy works well. To implement the online shop is one of the best project t be implemented and this project will require the consent of the management. Competitive edge The most established competitors of online shop for shoes for men are companies which have stores where people walk in and out. Big stores like Walmart and Home Deport have stores selling shoes becoming competitors. However, an online shop for shoes will have a competitive edge over the other companies because their products will be sold online to all busy members of the society now that the majority of Americans have online or are intending to have online services into their homes. The company operating physical stores have achieved their goals and what they are doing now is competing for the existing market but a market for online shoppers is not yet developed thus the company with such a service will have a high competitive edge to other companies. The future looks bright for a company marketing and selling products online and most companies are selling to satisfy their customers through the introduction of online shops and their focus is now to offer unique and high quality shoes to busy members of the society in online shop. This will maintain customers and they will be there for many years to come. Marketing strategy When selling shoes online in the United States a number of factors are considered. Among the factors consider are who are the potential customers, what promotional strategies and the pricing strategies used. If you consider those facts, marketing of shoes in the United States online will be easier. The potential customers for online shop of men shoes in the united states is urban retired pensioners and young business executives who does not have time to do shopping for themselves and for their sons and grandsons. This category own internets broadband in their houses and whenever they need a product, they will browse an online shop, put their credit number and carry out the transaction. They will expect you to deliver the products to their offices or houses. They range from the age of twenty to the age of ninety and this market is expected to grow as more people are becoming wealthier and busy as compared to the past years. Men naturally tend to be busy and they are pushed into making purchases of shoes by their wives and women and online shop will be a great benefit to them. Women will be another target for selling of shoes of men online in the United States because ladies will wish to make purchases for their husbands or man friends. The market for this type of shopping is increasing and it’s becoming greater than it is expected. Selling shoes online will provide affordable and high quality shoes to busy men in the society who have no time to go out to do shopping for shoes. The online shop will provide a guide and inform men of the variety of shoes available in the main company’s store. This will increase the marketing strategy of the company. The aim of the shop will be to provide high quality and affordable shoes to the busy members of the community. An online shop will position the company to the point of offering high quality shoes which can be ordered form where one is situated. It will also act as a promotional centre for the company since the products of the company will be displayed on online. The customers will be informed of the variety without using any other media in advertising. This will help the company in product differentiation which is essential to positioning. This means the products sold online are positioned and they stand apart from competitive products offered by other companies. This combination of product differentiation and competitive offerings through online gives the company important attributes. The company website and online shop will be based in the United States ensuring that the products are marketed far worldwide but based in the United States. Pricing strategy Selling shoes online in the United States especially men’s shoes is one of the best method of selling products in the United States. The pricing strategy of shoes normally varies from plant to plant and is usually set to merge the prices of competitors. This is normally because most competitors operate in the same environment without any competitor having a competitive edge against others. It is essential that better quality plants of shoes to have the same price as competitors. However, price setting is aimed at ensuring profitability of the firm in business. The cost of purchase, distribution and maintenance of the website should be taken care of when setting the prices of shoes online. The price indicated should show the value of the shoes and the delivery amount. This is because the firm in business includes capital requirement and associated gains that covers the expenses of the organization. Always the profit is considered when setting price which is equals to the price net cost while capital gains is equivalent to the current assets and fixed asset running costs. In choosing the target market for shoes online, it is important before setting up online shop. Online shopping attracts some class of customers. Take for example most city and environ dwellers as compared to people in rural and interior areas where broadband have not reached. Statistics in the united states indicate that almost 50% of households in the united states have broadband in their houses meaning before any shopping is done, customers will check the online store to see the price, compare the value of money paid and time wasted to go to the store to buy one. If the value is higher, then the customer will enter a purchase agreement with an online shop. In the United States, there is an increase of aging population with an extra disposable income who does not have time to go out to do shopping. They will rather do online shopping paying an extra fee for delivery of goods and services. Therefore, the pricing strategy in the sales of shoes online should consider the cost of delivery and the capital gains of the company Sales strategy Online shop will sell their products through online transactions where the customers enquires about the product real time. If the product is in store, the customer is requested his credit card number, then the transaction is completed upon the supply of the credit card number. The goods are then organized for dispatch to the customers’ office. Again the company will operate a walk in walk out store where members of the public will patronize the store for the purpose of purchasing goods and taking them away. The online store will target geographical areas which are easily accessible by the transport system that will deliver goods to the customers. Sales will be offered at prices affordable to many within a geographical area. The markets will be segmented for the purpose of the sales team to know which area one is found for the purpose of setting the prices. Sales forecast Being the new product in the market, the company will carry out aggressive marketing which will increase the sales on a continuous or constant trend. At the beginning, the company estimates to make annual sales of 15 million. Thereafter, the sales will increase at the rate of 10% which will eventually consist of 2% of the market for men shoes. This ambitious plan will be possible through controlled and aggressive sales and marketing plan keeping in touch with the company’s objectives. The company’s objective could be updated on annual basis so as to ensure that the projected sales are adjusted accordingly. Our sales team will carry out survey to determine the current satisfaction and future needs of our customers. As regards to sales, a trend in sales is analyzed with professionals to ascertain the likelihood in changing the sales forecasted.

French Adverbs ~ Les Adverbes

French Adverbs ~ Les Adverbes An adverb, one of the eight parts of speech, is an invariable word that modifies a verb, an adjective, or another adverb. Adverbs provide information about the words they modify, such as when, where, how, how often, or to what degree something is done. See the list of some common French adverbs at the end of this lesson. Word Order with Adverbs In English, adverb placement can be arbitrary: some adverbs may be found in front of or after the verb, or even at the beginning or end of the sentence. This is not often the case in French, which has much stricter rules about placement. The following rules apply to the majority of situations, but there are exceptions. For detailed information, see my lesson on the placement of French adverbs.1. When a French adverb modifies a verb, it is placed after the conjugated verb. Nous avons bien mang. We ate well. Je regarde souvent la tl le soir. I often watch TV in the evening. Often, I watch TV in the evening. I watch TV in the evening often.   Ã‚  2. When an adverb modifies an adjective or another adverb, it is placed in front of the word it is modifying. Je suis profondment mu. I am deeply moved. Nous avons trs bien mang. We ate very well. Common French Adverbs Nearly every French word that ends in -ment is an adverb, and its English equivalent almost always ends in -ly: gà ©nà ©ralement - generally. For more information, please see adverbs of manner. Here are some of the most common French adverbs: French English Type of adverb actuellement currently adverb of time assez quite, fairly adverb of quantity aujourdhui today adverb of time aussi as comparative adverb beaucoup a lot adverb of quantity bien well adverb of manner bientt soon adverb of time dj already adverb of time demain tomorrow adverb of time enfin finally adverb of time ensuite next, then adverb of time heureusement fortunately adverb of manner hier yesterday adverb of time ici here adverb of place l there adverb of place l-bas over there adverb of place longtemps for a long time adverb of time maintenant now adverb of time mal poorly adverb of manner moins less comparative adverb parfois sometimes adverb of frequency partout everywhere adverb of place peu few, little adverb of quantity plus more, ___-er comparative adverb quelque part somewhere adverb of place rarement rarely adverb of frequency souvent often adverb of frequency tard late adverb of time tt early adverb of time toujours always adverb of frequency trs very adverb of quantity trop too much adverb of quantity vite quickly adverb of manner

Writing introductions and endings to grab attention and leave an impression

Writing introductions and endings to grab attention and leave an impression Writing intros and endings We remember firsts and lasts much more than we remember in betweens. Most people can remember their first day at school, or what they had for dinner last night, for example. Thats why introductions and conclusions are perhaps the two most critical parts of any document. Unfortunately, theyre also often the weakest. Most people have no idea how to write an introduction that grabs the readers attention. And even more people neglect to write a conclusion altogether. But there are four basic types of intro and ending that you can use for most documents. Here are two of them. Getting started Many people follow the misguided advice to start somewhere in the middle and write the introduction last. But getting your introduction right doesnt just attract the reader, it also helps your document flow as you write. So begin writing your introduction first. One of the most effective types of introduction is the historical beginning. This type of introduction contrasts what used to happen last year/century or whenever with whats happening now, and creates a real sense of movement in your readers mind. For example: Ten years ago, the marketing budget was 3 million a year. Now that figure has almost tripled. Now youve got your readers attention, theyll almost certainly be eager to know why the budget has increased so much. Start telling them, and theyre hooked. Closure The conclusion is your opportunity to leave a lasting impression and keep what youve written in the readers mind. One good way to do this is to look forward, or predict the future. For example: The annual report shows that growth has been steady, but sales still need to improve for the upturn to continue. You can find out more about effective intros and endings on an Emphasis in-company or public course. Or you can email to ask us about how we can help your organisation. Back to High-impact business writing course.

Using Ownership Incentives in China Case Study Example | Topics and Well Written Essays - 2500 words - 1

Using Ownership Incentives in China - Case Study Example roach, the CEO is well placed in motivating the workers to be responsible and work hard considering that their own success is determined by the company’s success. Additionally, the use of this approach is important in demonstrating to the employees that the company values all stakeholders in it equally, and gives similar treatment to all its employees. As observed in the historical practices in China, however, there could be numerous challenges in implementing this considering that the workforce in China could possibly perceive such approaches by the CEO as forcing the American operational culture onto them, while overlooking the native population’s values. Another way of exporting the ownership culture to the Chinese population could involve sticking with the limiting stock ownership to the initial American team. By doing this, the CEO would be expected to formulate a different ownership culture and payment for the China-based team. However, this practice could prove challenging, especially if some of the staff in China could wish to have stock ownership in the company (Beyster and Economy 24). It could also be practical if the CEO exported the culture of ownership to China by creation of different structures of equity based on the different regions of operation. For instance, the ownership culture operations in China could be executed using different optimized methods of payment that are dependent on the region of operation and the taxation policy involved. Exporting the ownership culture to the Chinese employees could also be accomplished by sending expatriates from the US to China for the purpose of introducing the system, as well as offering the required training to the Chinese staff. The use of this approach could, however, experience culture shock for the foreign employees due to their lack of knowledge of the business traditions of the Chinese community. Ben Freed’s decision to offer the Chinese team similar company ownership as the Silicon Valley

REPORT ON LUTHERANS RELIGIOUS FIELD RESEARCH Essay

REPORT ON LUTHERANS RELIGIOUS FIELD RESEARCH - Essay Example There are many misunderstandings concerning religion in general. The beliefs and practices of Islam have been misconnected and people have posed various misunderstandings on what they believe in about Islam (Waines, 1995). There is much flawed information that floats around concerning the faith of Islam: I personally had a misconception that Muslims worship a black stone or moon god; that Islam looks down upon women; that Muslims are terrorists among other misconceptions. However, the paper seeks to analyze how my prior misconceptions have changed following the truth and alterations of the conceptions through encounter. The paper hence aims to bust the misunderstood myths and expose the truth about Islam. The first misconception is that Muslims worship a moon god; some of the non Muslims have mistakenly believed that Allah is a moon god or some idol. After a wide consultation and encounter, this has been altered. Allah is the name of One True God, in the language of Arabic. The Musli ms have a fundamental belief that there is only one God, the Sustainer, the Creator; known in Arabic as Allah. This hence means that Muslims do not worship a moon god, but God the Almighty. Another misconception is that Muslims do not believe in Jesus; the life and teachings of Christ Jesus is documented in the stories of Qur’an. ... out Islam is that majority of Muslims are Arabs; although Islam has been mainly associated with Arabs, they only make up 15% of the population of Muslims in the whole world. The country with the most number of Muslim populations is Indonesia. The large numbers of Muslims are found in Asia followed by Africa, then Europe (Hodgson, 1974). Before my encounter with the truth about Islam, I also had the misconception that Islam oppress women, however, most of the mistreatment that is received by women in the world of Muslim is based on traditions and culture, without any foundations in the faith of Islam. Practically, forces such as spousal abuse, forced marriage, and restricted movement contradict directly the laws of Islam that govern personal freedom and family behavior. The misconception that women have no rights in Muslim world is untrue. The images of women who wear a veil covering them, and that women are not allowed to drive, are common in Islam. This is not Muslim law even though many Muslim countries implement such harsh treatments against women. Many of such countries demonstrate differences in culture that are against Islam teachings. It should hence be noted that in the pre-Islam period, Arabia women were only used for fornication with no independence. In fact the birth of female beings was considered humiliating. The practice of infanticide of female was uncontrolled. It is a fact also that a Muslim woman is permitted to accept and reject any suitor as well as seek divorce. Hence, there is nothing in the Islam law that forbids women from driving and house. It is also considered a sin if a woman refuses to seek knowledge (Hitti, 1970). I also had a misconception that Muslims are extremists and violent terrorists. Terrorism is, at all, not justifies under any