header-logo header-logo

Taking a wrong turn

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll