XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

Switch to Pre LASPO CFA following discharge of funding certificate deemed unreasonable

Applying the principles laid down in Surrey v Barnet And Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 Mr Justice Jay dismissed this appeal against a Costs Judge’s disallowance of additional liabilities including a success fee of over £300,000 following a switch from legal aid funding to CFA in 2012.

Jason-Rowley

Miscertification of a costs budget, success fees, hourly rates and ‘good reason to depart’

Master Rowley tackles a number preliminary points in a detailed assessment arising from a complex clinical negligence claim, including an alleged mis-certification of the claimant’s budget giving rise to an application under CPR 44.11, level of success fee and hourly rates and ‘good reason to depart’.

Assignment of CFA

Post-LASPO assignment of CFA does not extinguish a claimant’s right to recover success fee

Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.

retrospective

Retrospective CFAs and Success Fees

A retrospective success fee in a retrospective conditional fee agreement was not contrary to public policy.