Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399 (23 May 2017)

Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399 (23 May 2017)

Where a CFA is entered into in good faith and intended to supersede public funding, and there is no actual concurrency or double recovery, the absence of formal discharge of a public funding certificate does not render the CFA unenforceable or preclude recovery of the success fee and ATE premium. The statutory scheme does not require formal discharge where, as a matter of substance, public funding has ended.

Citation
[2017] EWCA Civ 399
Parties
Respondent/claimant: HYDE; Appellant/defendant: Milton Keynes NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Appeal / Court of Appeal Judgment on Costs Recovery Following High Court and Costs Judge Decisions
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Public Funding, Costs Recovery, Legal Aid Certificate Discharge, Success Fee, After the Event Insurance
Civil Procedure Costs Legal Aid Conditional Fee Agreements Public Funding Costs Recovery Legal Aid Certificate Discharge Success Fee +1 more

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Parties

HYDE

Respondent/claimant

Milton Keynes NHS Foundation Trust

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Costs Recovery Following High Court and Costs Judge Decisions

Legal Issues

  1. 1 Whether a claimant can recover a success fee and ATE insurance premium under a CFA when a public funding certificate has not been formally discharged
  2. 2 Whether the absence of formal discharge of a legal aid certificate renders a subsequent CFA unenforceable

Ratio Decidendi

Where a CFA is entered into in good faith and intended to supersede public funding, and there is no actual concurrency or double recovery, the absence of formal discharge of a public funding certificate does not render the CFA unenforceable or preclude recovery of the success fee and ATE premium. The statutory scheme does not require formal discharge where, as a matter of substance, public funding has ended.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover costs including success fee and ATE premium under the CFA