header-logo header-logo

22 March 2018 / Dominic Regan
Issue: 7786 / Categories: Opinion , Insurance surgery , Costs
printer mail-detail

Taking a wrong turn

nlj_7786_regan

Dominic Regan reflects on the fall-out from changing funding from legal aid to a conditional fee agreement

It is remarkable for the Court of Appeal to deliver a judgment running to 21 pages a week after a two-day hearing. Yet that is what happened in Surrey v Barnet and Chase Farms Hospitals NHS Trust (2018) EWCA Civ 451. The muscular decision is of profound significance to the profession.

Crucial timing

In the three cases which were under appeal, each claimant had been funded by legal aid in pursuit of clinical negligence damages. Just before the Jackson reforms kicked in on 1 April 2013, they all changed horse and entered into a conditional fee agreement (CFA) reinforced by after the event (ATE) insurance.

By the time each legal aid certificate was discharged, the defendant was in principle the paying party, although in one action there was still an important issue about causation to resolve. The timing was crucial. Any such arrangement created after that

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll