header-logo header-logo

Changing horses

21 July 2017 / Steven Davies
Issue: 7755 / Categories: Features , Costs
printer mail-detail

Steven Davies reports on the ramifications of changing funding from legal aid to a conditional fee agreement

  • Switching funding from legal aid to conditional fee agreement.
  • Analysis of Hyde v Milton Keynes Hospital NHS Foundation Trust.

In the eagerly awaited decision of Hyde v Milton Keynes Hospital NHS Foundation Trust [2017] EWCA Civ 399, the Court of Appeal has clarified the position in a long-running case where there was a change of funding from legal aid to a conditional fee agreement (CFA) but the legal aid certificate was not formally discharged.

This was one of a number of recent cases in which changes in funding were more closely examined, particularly where the claimant’s solicitor chose to act in March 2013, the month before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (also known as LASPO) came into force.

In this case, however, the timing appeared simply to be coincidental; rather, there were many fact-specific issues which were significant in deciding the reasonableness

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll