EXN v East Lancashire Hospitals NHS Trust & Ors.

EXN v East Lancashire Hospitals NHS Trust & Ors.

Although the breach in failing to notify the existence of a success fee was serious due to its duration, there was no significant prejudice to the defendants, who were aware of the CFA and would not have acted differently. The absence of prejudice, combined with other mitigating factors, justified granting relief from sanctions from 17 April 2012 onwards.

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
Civil Appeal / Appeal From District Judge's Refusal to Grant Relief From Sanctions
Outcome
Appeal allowed; relief from sanctions granted from 17 April 2012 onwards.
Legal Topics
Relief From Sanctions, Conditional Fee Agreements, Success Fees, Pre Action Protocol Compliance
Civil Procedure Medical Negligence Relief From Sanctions Conditional Fee Agreements Success Fees Pre Action Protocol Compliance

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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

Civil Appeal / Appeal From District Judge's Refusal to Grant Relief From Sanctions

Legal Issues

  1. 1 Whether failure to give proper notice of a CFA with a success fee warrants relief from sanctions under CPR 3.9
  2. 2 Whether the breach was serious or significant
  3. 3 Whether there was good reason for the breach

Ratio Decidendi

Although the breach in failing to notify the existence of a success fee was serious due to its duration, there was no significant prejudice to the defendants, who were aware of the CFA and would not have acted differently. The absence of prejudice, combined with other mitigating factors, justified granting relief from sanctions from 17 April 2012 onwards.

Court Disposition

Appeal allowed; 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 fees as additional liabilities from that date