High Court deals knock out blow to appeal brought on grounds of an alleged invalid assignment of two CFAs


The High Court refused former client, Frank Warren, permission to appeal a decision of Master Leonard (costs judge) that two CFAs had been validly assigned following his original solicitors’ firm (PSB Law) ceasing to practice. In reaching his decision, The Hon. Mr Justice Pepperall declined to accept that there was any material distinction between a firm being unable or unwilling to continue representing its client (as was the case in Budana v Leeds Teaching Hospital NHS Trust [2017] EWCA Civ 1890), and a firm ceasing to practise altogether. He also found that the master was right to hold that:

“PSB Law was not in breach (let alone repudiatory breach) of the CFAs, but that – even if it had been – such agreements would not have been terminated unless Mr Warren had accepted the alleged repudiation. Here, he instead consented to the transfer of the CFAs to Hill Dickinson.”