In FPH Law (a firm) v Martyn Robert Brown (t/a Integrum Law)  EWCA Civ 1629, the defendant agreed to act for his client under the terms of a conditional fee agreement in respect of a personal injury claim that was brought against Jarvis PLC, the client's employer in 2006. In 2009, Mr Brown left … Continue reading Solicitors’ fees protected despite unenforceable CFA.
One interesting case that highlights just how far the courts are prepared to go to protect a solicitor's lien is that of Gavin Edmondson Solicitors Limited Respondent/Cross-Appellant)("Edmondson") v Haven Insurance Company (Appellant/Cross-Respondent)("Haven")  UKSC 21. The appeal arose out of Edmondson's claim against Haven for (i) wrongful inducement to Edmondson's clients to breach their retainer … Continue reading CFA Lite arrangement upheld by the Supreme Court
JSC BTA Bank v (1) Mukhtar Ablyazov (2) Ilyas Khrapunov  EWHC 1368 (Comm) concerns an application for full and proper disclosure of the Second Defendant’s method of funding the proceedings. Both Defendants were subject to a worldwide freezing order (WFO). The First Defendant had fled the jurisdiction and the proceedings were fought out between … Continue reading Disclosure of retainers – worldwide freezing orders.
The Court of Appeal, on 16th March, reversed the decision of Foskett J in Surrey, AH & Yesil v Doncaster and Bassetlaw Hospitals NHS Foundation Trust  EWCA Civ 451. The three cases involved medical negligence claims where the funding was switched from legal aid to conditional fee agreements shortly before the LASPO reforms came … Continue reading NHS Success!
A recent Court of Appeal decision (Michael Radford and another v Alejandra Frade and others  EWCA Civ 119) concerning the scope of Conditional Fee Agreements highlights the need for attention to detail and the need to review complex engagement terms as a case develops. Solicitors for the Defendants/Appellants had initially agreed to act for … Continue reading Keep one eye on the retainer.
In the recent decision of Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors  EWHC B1 (Costs) the Claimants’ decision to change funding from a Damages Based Agreement (DBA) to a Conditional Fee Agreement (CFA) less than 2 weeks before trial did not prevent the Claimant from seeking a full recovery … Continue reading Last minute change pays off
An interesting decision from SCCO Costs Judge, Master James in Hanley v JC & A Solicitors Limited [SCCO Ref JJ 1706056] concerning an application by a former client for the delivery up of the solicitor’s full file of papers. The Claimant was seeking to challenge the deduction of the solicitor’s fees from his damages under the … Continue reading SCCO deals blow to new CFA challenges.
The long awaited judgment of Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (Intervener)  EWHC Civ 1980 was handed down by the Court of Appeal on Tuesday. The appeal was allowed. The Court overturned the decision that the CFA had been terminated. Albeit, divided on opinion regarding whether the CFA … Continue reading Early Christmas present for Claimants!
Judgment has now been handed down in the much anticipated case of Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors  EWCA Civ 1941, in which the Court of Appeal has considered it permissible for ATE insurance to be taken out as soon as a claimant enters into a Conditional Fee Agreement [CFA]. … Continue reading Early ATE held to be permissible
The Court of Appeal has recently been asked to consider an application for permission to appeal an Order of Warby J in relation to the Appellants’ funding arrangement. In Frade & Ors v Radford & Anor  EWCA Civ 1010 (14 July 2017) the underlying dispute concerned a Spanish film. The First Claimant was commissioned to … Continue reading Deed of rectification of a CFA – Permission to Appeal granted