The Weekly Law Reports
[2018] 1 WLR 1965
Court of Appeal
*Budana
v
Leeds Teaching Hospitals NHS Trust (Law Society intervening)
[2017] EWCA Civ 1980
2017 July 5;
Dec 5
Dec 5
Gloster, Davis, Beatson LJJ
Solicitor— Costs— Conditional fee agreement— Claimant seeking damages for personal injury retaining solicitors under conditional fee agreement with 100% success fee— Claimant advised to transfer case to larger specialist firm— Deed of assignment purporting to assign retainer— Claimant subsequently signing conditional fee agreement with new firm— Claim settled and order for costs sought— Whether original conditional fee agreement effectively assigned— Whether novated— True effect of contractual arrangements between parties— Whether claimant entitled to recover success fee in costs despite novation after date on which success fees becoming irrecoverable—
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 44(6)
—
Conditional Fee Agreements Order 2013 (SI 2013/689), art 6
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