Budana v The Leeds Teaching Hospitals NHS Trust & Anor

Budana v The Leeds Teaching Hospitals NHS Trust & Anor

The BR CFA was not terminated by the 22 March letter; the claimant affirmed the contract. The subsequent arrangements constituted a novation, not a mere assignment, but for the purposes of section 44(6) LASPO, the success fee payable to NH was payable under a conditional fee agreement entered into before 1 April 2013. The parties' intention and the contractual arrangements preserved the claimant's right to recover the success fee under the pre-LASPO regime.

Parties
Appellant/claimant: Alina Budana; Respondent/defendant: The Leeds Teaching Hospitals NHS Trust; Intervener: The Law Society
Jurisdiction
England and Wales
Judgment Date
05 December 2017
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Conditional Fee Agreements, Assignment and Novation, Legal Aid, Sentencing and Punishment of Offenders Act 2012 (laspo), Solicitor Client Relationship, Costs Recovery
Civil Procedure Contract Law Legal Costs Conditional Fee Agreements Assignment and Novation Legal Aid, Sentencing and Punishment of Offenders Act 2012 (laspo) Solicitor Client Relationship Costs Recovery

Case Brief

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Parties

Alina Budana

Appellant/claimant

The Leeds Teaching Hospitals NHS Trust

Respondent/defendant

The Law Society

Intervener

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Conditional Fee Agreement (CFA) between the claimant and her original solicitors was terminated or survived transfer to new solicitors.
  2. 2 Whether the transfer of the CFA was effective as an assignment or a novation.
  3. 3 Whether, for the purposes of section 44(6) LASPO, the success fee payable to the new solicitors was payable under a CFA entered into before 1 April 2013.

Ratio Decidendi

The BR CFA was not terminated by the 22 March letter; the claimant affirmed the contract. The subsequent arrangements constituted a novation, not a mere assignment, but for the purposes of section 44(6) LASPO, the success fee payable to NH was payable under a conditional fee agreement entered into before 1 April 2013. The parties' intention and the contractual arrangements preserved the claimant's right to recover the success fee under the pre-LASPO regime.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • The claimant is entitled to recover the success fee under the BR CFA as payable to NH.
  • Costs to be assessed if not agreed.