Milton Keynes NHS Foundation Trust v Hyde [2016] EWHC 72 (QB) (20 January 2016)

Milton Keynes NHS Foundation Trust v Hyde [2016] EWHC 72 (QB) (20 January 2016)

A CFA entered into when public funding is exhausted or unavailable is enforceable even if the funding certificate is not formally discharged, provided there is no abuse or 'topping up', and notice of the new funding arrangement is given to the other party. A brief period of concurrency does not render the CFA unenforceable for subsequent work.

Citation
[2016] EWHC 72
Parties
Appellant/defendant: Milton Keynes NHS Foundation Trust; Respondent/claimant: Sally Anne Hyde
Jurisdiction
England and Wales
Judgment Date
20 January 2016
Procedural Posture
Appeal / Judgment on Appeal From Costs Judge Decision
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Legal Aid Certificates, Costs Recovery, Concurrent Funding, Enforceability of Retainers
Civil Procedure Costs Legal Aid Conditional Fee Agreements Legal Aid Certificates Costs Recovery Concurrent Funding Enforceability of Retainers

Case Brief

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Parties

Milton Keynes NHS Foundation Trust

Appellant/defendant

Sally Anne Hyde

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal From Costs Judge Decision

Legal Issues

  1. 1 Whether a Conditional Fee Agreement (CFA) is unenforceable when entered into before formal discharge of a Community Legal Services (CLS) funding certificate
  2. 2 Whether exhaustion or near exhaustion of public funding permits entry into a private retainer without formal discharge
  3. 3 Whether a brief period of concurrency between public funding and private retainer renders the CFA unenforceable

Ratio Decidendi

A CFA entered into when public funding is exhausted or unavailable is enforceable even if the funding certificate is not formally discharged, provided there is no abuse or 'topping up', and notice of the new funding arrangement is given to the other party. A brief period of concurrency does not render the CFA unenforceable for subsequent work.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Milton Keynes NHS Foundation Trust is dismissed.
  • The CFA is enforceable except for any costs incurred during the brief period of concurrency.