CFAs and Risk Assessment in Practice

Introduction - The Essential Approach to Modern CFA Work
Understanding the background to running a modern CFA business and why it is important to understand the concepts of risk.

Picking the Right Funding Option
* Duty to client and understanding funding options
* Alternatives to CFAs you must consider
* Establishing an entitlement to recover a success fee
* Legal Expenses Insurance
* General requirements (Reg. 2)

Nuts & Bolts One - Getting the CFA Right
* General requirements (Reg. 2)
* CFA with Success Fee (Reg.3)
* Additional Requirements (Regs.5 and 6)

Nuts & Bolts Two - Providing the Right Information
* Getting the CFA or CCFA right
* Providing information to a client
* Providing information to the other parties and the Court

Recovery of a Success Fee

Recovering an After The Event Insurance Premium
* Establishing an entitlement to recover an ATE Insurance Premium
* Establishing full recovery of the premium

Applying Insurance Risk Principles
* What is risk
* Transfer of risk
* Risk management

Working with ATE insurance

Risk Assessment
* Carrying out a risk assessment
* Risk assessment for CFA work
* Identifying case risk factors
* Format for risk assessments

Control and Management of Risk
* Running a successful CFA business
* Knowledge management
* The value of knowledge management

Appendix One: Essential Materials (all primary materials)
* CFA Regs 2000
* CCFA Regs 2000
* Pre-Action Protocol Practice Direction
* Funding Arrangements-Guide to Provisions
* Draft letter re: legal expenses insurance
* Checklist for use with model conditional fee agreement
* Before the event legal expenses insurance checklist and flowchart
* Funding options checklist and flowchart
* Model CFA
* Model Solicitor/Client CFA(s)
* Model Solicitor/Barrister CFA
* Model Solicitor/Counsel CFA
* Model CCFA
* Pre-action protocol for personal injury claims
* Pre-action protocol for disease and illness claims

Appendix Two - Callery v Gray
* Report on the facts and history of the case

A well-known author team that is second to none

Nigel Tomkins and Claire Edwards are highly regarded in the fields of Personal Injury, Insurance and Risk Assessment. Their combined expertise ensures a fresh and unique approach to both the practitioner and insurance side of CFA work.

Nigel Tomkins is an independent training and legal consultant and an Associate Professor of Civil Litigation with the College of Law. With more than 30 years' experience as a specialist personal injury lawyer, he is consultant director to and a Fellow of the College of Personal Injury Law and has a reputation as one of the UK's leading personal injury law trainers.

Author of a number of works and articles, Tomkins is also the digest editor of the Journal of Personal Injury Law and is a regular broadcaster.

Claire Edwards is the Managing Director of Solicitors Services Ltd, managing agent and cover holder for the Aftersure ATE insurance product. Here previous experience includes working with the Law Society of England & Wales in bringing Accident Line Protect onto the market. She has also been a member of the Law Society's CFA Working Party and advised the LCD on ATE Insurance. Edwards has further developed products for Clinical Negligence and Group Litigation and worked with the Legal Services Commission on insurance funding options.