Page 13 - Bundle for MF Final

Bates no 012

THE COVERING LETTER
What evidence do you have that Miss Curran admitted liability and which you have
communicated to KN? If it all goes wrong there is a danger that KN could argue that you
misled them on this point and chase you for fees and costs. Their acceptance of a contingency
fee is based on their belief that success is likely. If they think they have been misled: watch
out.

I don't think you should have to pay disbursements as you go along. In any event. I suggest
you obtain a precise schedule of the likely disbursements and agree them in writing before
they are incurred. I think it's fair that you should pay £500 up front but I would limit your
costs at the moment to that.

I would definitely meet with Sharon before you sign anything and clarify all the points you
have. keeping a note or getting her to confirm in writing.

I should get KN to agree that if there is any conflict between the terms of the Letter of
Engagement and Terms of Business. the former will prevail.

ENAGEMENT LETTER
The opening paragraph brings us bac�. tJ? th p, jn.t f hich of the various documents will
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prevail in the case of dispute. It is quite unrealistfc to e"xr,ect you to wade through this
verbiage and work out for yourself precisely which clause from which dornment applies. I
would either make it clear that the binding agreement is the Letter of Engagement or. if not.
to get KN to highlight which of the terms in the other document they believe are relevant and
which would prevail. . ... 4 •

• I'm attaching the biographies of Terry Donovan etc. He seems a pretty good chap and
experienced, but you must meet him and Kirsty Allen before you sign any document.
@·//� Under the heading of "Your Obligations". you must be absolutely certain that the information Aj
�\\ you provide to KN is accurate and that where you have any doubts you must express them. Vl 1
. '

Will easyJet help you with the funding? What can they contribute to help you with the case?
I think you should keep them fully involved. How about ALPA?

I think you should get after the event insurance but obtain competitive quotes before signing
up. Sharon should confirm that if they arrange insurance for you there are no commission
arrangements or referral fees that might influence selection. This also applies to the
appointment of other experts and barristers.

I did not see a leaflet on litigation funding which was supposedly enclosed with Sharon's
letter. I think you should get this.

Sharon should confirm that the hourly rates will not be reviewed until May 2015 and are then
subject your agreement. (Hopefully the case will be over by then. but you never know)

The CFA agreement must be in place before any fees incurred (paragraph 8.4)

<J.) Paragraph 9.2 you should definitely get insurance in place to cover you for everything if the
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0... case is lost