Cullen & Anor v Chopra

Cullen & Anor v Chopra

Notice of funding is not required to be served pre-issue under the Clinical Negligence Protocol or Practice Direction; 'should inform' is a recommendation, not a requirement, so Mrs Cullen is entitled to recover the success fee from the date the CFA was signed.

Parties
Claimant: Sam Cullen; Claimant: Janice Cullen; Defendant: Dr Anil Chopra
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Costs Assessment / Judgment on Preliminary Point Regarding Recoverability of Success Fee
Outcome
Mrs Cullen permitted to recover a success fee from the date the CFA was signed.
Legal Topics
Conditional Fee Agreements, Success Fee, Notice of Funding, Pre Action Protocols, Costs Assessment
Civil Procedure Medical Negligence Conditional Fee Agreements Success Fee Notice of Funding Pre Action Protocols Costs Assessment

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Parties

Sam Cullen

Claimant

Janice Cullen

Claimant

Dr Anil Chopra

Defendant

Procedural Posture

Costs Assessment / Judgment on Preliminary Point Regarding Recoverability of Success Fee

Legal Issues

  1. 1 Whether a claimant can recover a success fee under a CFA for the period before notice of funding was served
  2. 2 Whether pre-action protocols or practice directions require notice of funding to be given pre-issue

Ratio Decidendi

Notice of funding is not required to be served pre-issue under the Clinical Negligence Protocol or Practice Direction; 'should inform' is a recommendation, not a requirement, so Mrs Cullen is entitled to recover the success fee from the date the CFA was signed.

Court Disposition

Mrs Cullen permitted to recover a success fee from the date the CFA was signed.

Orders

  • Mrs Cullen may recover a success fee on Gadsby Wicks’ fees claimed in the CFA from 24 January 2005.