EXN v East Lancashire Hospitals NHS Trust & Anor [2022] EWHC 872 (QB) (13 April 2022)

EXN v East Lancashire Hospitals NHS Trust & Anor [2022] EWHC 872 (QB) (13 April 2022)

The breach by PSG in failing to give express notice of a success fee was serious due to its duration, but the absence of actual prejudice to the defendants and the near-compliance of the initial notice justified granting relief from sanctions from 17 April 2012 onwards.

Citation
[2022] EWHC 872
Parties
Claimant / Appellant: EXN; Defendant / Respondent: East Lancashire Hospitals NHS Trust; Defendant / Respondent: Lancashire Teaching Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
13 April 2022
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal allowed in part; relief from sanctions granted from 17 April 2012 onwards.
Legal Topics
Relief From Sanctions, Conditional Fee Agreements, Success Fees, Pre Action Protocol Compliance, Costs Recovery
Civil Procedure Medical Negligence Relief From Sanctions Conditional Fee Agreements Success Fees Pre Action Protocol Compliance Costs Recovery

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Parties

EXN

Claimant / Appellant

East Lancashire Hospitals NHS Trust

Defendant / Respondent

Lancashire Teaching Hospitals NHS Foundation Trust

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether the claimant's solicitors complied with the rules requiring notice of a CFA with a success fee
  2. 2 Whether relief from sanctions should be granted for failure to give proper notice

Ratio Decidendi

The breach by PSG in failing to give express notice of a success fee was serious due to its duration, but the absence of actual prejudice to the defendants and the near-compliance of the initial notice justified granting relief from sanctions from 17 April 2012 onwards.

Court Disposition

Appeal allowed in part; relief from sanctions granted from 17 April 2012 onwards.

Orders

  • Relief from sanction under CPR r 44.3B(1) granted from 17 April 2012 onwards.
  • Claimant's solicitors permitted to recover success fees for the period after 17 April 2012.