- Switch from Legal Aid to CFA reasonable and upheld on appeal (AB v Mid Cheshire Hospitals NHS Foundation Trust)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This was an appeal from a decision of Deputy District Judge Harris who ruled that it was reasonable to have switched from public funding to a conditional fee agreement (CFA) and thus the additional liabilities were recoverable. On the facts of the case, the decision of the regional costs judge was upheld on appeal. The reasonableness of the decision to change funding was not affected by a failure to advise as to the Simmons v Castle uplift and the potential additional liabilities for a higher hourly rate and success fee. Written by Nicholas Lee, managing director and senior costs lawyer at Paragon Costs Solutions.
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