Civil and Criminal Practice Essay Example | Topics and Well Written Essays - 2500 words

Civil and Criminal Practice - Essay Example As I was crossing the road, I was knocked over by a car that was driving too fast and in my opinion, in excess of the statutory speed limit. 1.7. Since the accident, the Defendant has been convicted of a road traffic offence under section 4 of the Road Traffic Accidents Act 1988 for driving or being in charge when under the influence of drink1. I have been provided with the incident number, which is 0191565B. 1.7. Since the accident, I have been out of work for four months as a direct result of injuries suffered and wish to make a claim for compensation against the Defendant in respect of my injury and loss of income arising from the accident. This memorandum sets out my advice regarding the determination of a reasonable success fee in the proposed conditional fee agreement for the legal representation of Mark Jameson’s claim against the defendant Brian Platt for personal injury and loss of earnings. The success fee can be as high as 100% of the time2 charge of normal costs of legal representation and the manner in which the recommended success fee percentage has been calculated in Mr Jameson’s case is based on my risks analysis assessment of the case, which includes the following: There doesn’t appear to be any issue regarding fault liability in the case and this is further bolstered by the defendant’s conviction under section 4 of the Road Traffic Accidents Act 1988 for driving under the influence of alcohol. Furthermore, as a direct result of the accident, Mr Jameson was hospitalised for two days and suffered a broken ankle, two fractured ribs and nervous shock and we have a detailed hospital report and independent medical report to verify that Mr Jameson’s injuries were directly caused by the accident4. As such, the merits of the claim are not in contention and there is a strong likelihood of success at trial. With regard to the value of the claim, Mr Jameson has been unable to work for four months as a direct result of injuries caused by