header-logo header-logo

18 October 2016 / David Wright
Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

Funding revisited

David Wright examines a recurring costs theme

  • Surrey v Barnet and Chase Farm Hospitals NHS Trust: whether a litigant’s choice of funding was reasonable in the context of a change in funding from legal aid to conditional fee agreement.

The question of whether a litigant’s choice of funding was reasonable has been a recurring theme in costs for many years. In the recent case of Surrey v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB), [2016] All ER (D) 33 (Jul) the issue arose in the context of a change in funding from legal aid to conditional fee agreement (CFA) shortly before the introduction of the Jackson reforms.

In each of the three cases which formed the subject of the appeal, the claimants had originally had the benefit of public funding but transferred to a CFA on advice from their solicitors shortly before the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The claimants were advised of the risks of proceeding with legal aid, including the possibility

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll