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 after public funding is exhausted or insufficient is enforceable even if the funding certificate is not formally discharged, provided there is no abuse or 'topping up' and notice of the new arrangement is given to the other parties. Formal discharge is evidential, not essential, and the absence of concurrency beyond a de minimis period does not render the CFA unenforceable.

Citation
[2016] EWHC 72 (QB)
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, Costs Recovery, Enforceability of Retainers
Civil Procedure Costs Law Clinical Negligence Conditional Fee Agreements Legal Aid Costs Recovery 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 public funding certificate
  2. 2 Whether exhaustion or near exhaustion of public funding permits entry into a private retainer without formal discharge
  3. 3 Whether notice of change in funding arrangement is required to other parties

Ratio Decidendi

A CFA entered into after public funding is exhausted or insufficient is enforceable even if the funding certificate is not formally discharged, provided there is no abuse or 'topping up' and notice of the new arrangement is given to the other parties. Formal discharge is evidential, not essential, and the absence of concurrency beyond a de minimis period does not render the CFA unenforceable.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Trust is dismissed; the CFA is enforceable; costs are recoverable by the claimant.