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Court of Appeal—CFA valid even though wrong defendant named (Malone v Birmingham Community NHS Trust)

Court of Appeal—CFA valid even though wrong defendant named (Malone v Birmingham Community NHS Trust)
Published on: 21 June 2018
Published by: LexisPSL
  • Court of Appeal—CFA valid even though wrong defendant named (Malone v Birmingham Community NHS Trust)
  • What are the practical implications of this case?
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Article summary

Dispute Resolution analysis: The Court of Appeal found that the conditional fee agreement (CFA) was not restricted to the claim against the named defendant. In arriving at this conclusion, it had regard to the textual and contextual matters, most notably, the naming of a defendant is merely descriptive and not prescriptive. or take a trial to read the full analysis.

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