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)

Although PSG breached the notification requirement by failing to expressly mention a success fee in the CFA notice, the absence of significant prejudice to the defendants, combined with the nature of the breach and all relevant circumstances, justified granting relief from sanctions from 17 April 2012 onwards.

Citation
[2022] EWHC 872 (QB)
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 failure to give proper notice of a CFA with a success fee precludes recovery of the success fee as an additional liability
  2. 2 Whether relief from sanctions should be granted for breach of notification rules

Ratio Decidendi

Although PSG breached the notification requirement by failing to expressly mention a success fee in the CFA notice, the absence of significant prejudice to the defendants, combined with the nature of the breach and all relevant circumstances, 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 permitted to recover success fee as an additional liability for the relevant period.