Milton Keynes NHS Foundation Trust v Hyde

Milton Keynes NHS Foundation Trust v Hyde

A CFA entered into when public funding is exhausted or approaching exhaustion is enforceable even without formal discharge of the funding certificate, provided there is no abuse and notice of the funding change is given to the other parties. The statutory provisions are to protect against abuse, not to require formal discharge as a precondition for enforceability.

Parties
Appellant/defendant: Milton Keynes NHS Foundation Trust; Respondent/claimant: Sally Anne Hyde
Jurisdiction
England and Wales
Judgment Date
20 January 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Conditional Fee Agreements, Public Funding Certificates, Costs Recovery, Legal Aid, Termination of Retainer
Civil Procedure Costs Law Clinical Negligence Conditional Fee Agreements Public Funding Certificates Costs Recovery Legal Aid Termination of Retainer

Case Brief

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Parties

Milton Keynes NHS Foundation Trust

Appellant/defendant

Sally Anne Hyde

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a Conditional Fee Agreement (CFA) is enforceable when entered into before formal discharge of a public funding certificate
  2. 2 Whether exhaustion or near exhaustion of public funding permits entry into a private retainer without formal discharge
  3. 3 Whether notice of funding change is required to other parties for enforceability of CFA

Ratio Decidendi

A CFA entered into when public funding is exhausted or approaching exhaustion is enforceable even without formal discharge of the funding certificate, provided there is no abuse and notice of the funding change is given to the other parties. The statutory provisions are to protect against abuse, not to require formal discharge as a precondition for enforceability.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed; the CFAs (solicitors and Counsel) are enforceable.