Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust

Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust

Supervening mental incapacity of a party does not, in itself, frustrate or terminate a solicitor’s retainer; the contract remains in force and authority to act can be restored by appointment of a deputy or recovery of capacity. The CFA was not terminated by the claimant’s incapacity, so costs incurred after incapacity remain recoverable under the original agreement.

Parties
Claimant/appellant: Diann Blankley (by her Litigation Friend Andrew M. G. Cusworth); Defendant/respondent: Central Manchester and Manchester Children’s University Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
05 February 2014
Procedural Posture
Costs Appeal (personal Injury Litigation) / High Court Appeal From District Judge's Costs Ruling
Outcome
Appeal allowed; application to strike out parts 4 to 7 of the Bill of Costs dismissed.
Legal Topics
Solicitor's Retainer, Frustration of Contract, Mental Incapacity, Conditional Fee Agreements, Costs Recovery
Civil Procedure Contract Law Mental Capacity Solicitor's Retainer Frustration of Contract Mental Incapacity Conditional Fee Agreements Costs Recovery

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Parties

Diann Blankley (by her Litigation Friend Andrew M. G. Cusworth)

Claimant/appellant

Central Manchester and Manchester Children’s University Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Costs Appeal (personal Injury Litigation) / High Court Appeal From District Judge's Costs Ruling

Legal Issues

  1. 1 Does supervening mental incapacity of a party automatically terminate a solicitor’s retainer?
  2. 2 If so, can the retainer be adopted or renewed by a deputy?
  3. 3 Are solicitors entitled to reasonable fees for necessary services under the Mental Capacity Act 2005?

Ratio Decidendi

Supervening mental incapacity of a party does not, in itself, frustrate or terminate a solicitor’s retainer; the contract remains in force and authority to act can be restored by appointment of a deputy or recovery of capacity. The CFA was not terminated by the claimant’s incapacity, so costs incurred after incapacity remain recoverable under the original agreement.

Court Disposition

Appeal allowed; application to strike out parts 4 to 7 of the Bill of Costs dismissed.

Orders

  • Defendant’s application to strike out parts 4 to 7 of the claimant’s Bill of Costs is dismissed.
  • No order on the appeal against the Second Judgment.