The need for adequate advice when switching from legal aid to a CFA (YZ (a protected party proceeding by way of her litigation friend) v Gloucestershire Hospitals NHS Foundation Trust)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Why did the claimant fail to establish that it was reasonable to change funding?

Article summary

Personal Injury analysis: Dr Charlene Damji, solicitor at Bevan Brittan LLP, considers the case of YZ (a protected party proceeding by way of her litigation friend) v Gloucestershire Hospitals NHS Foundation Trust, which highlights the potential pitfalls of moving from legal aid funding to a conditional fee agreement (CFA). Dr Damji looks at the importance of proper advice explaining the pros and cons of such a decision to switch funding and making sure there is a detailed record of such advice.