Cullen & Anor v Chopra [2007] EWHC 90093 (Costs) (21 December 2007)

Cullen & Anor v Chopra [2007] EWHC 90093 (Costs) (21 December 2007)

The Practice Direction on Protocols and the Clinical Negligence Protocol do not impose a mandatory obligation to serve Notice of Funding pre-issue; the use of 'should' is recommendatory, not compulsory. Therefore, Mrs Cullen is entitled to recover a success fee from the date the CFA was signed, not just from the date Notice of Funding was served.

Citation
[2007] EWHC 90093 (Costs)
Parties
Second Claimant: Janice Cullen; First Claimant: Sam Cullen; Defendant: Dr Chopra
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Detailed Assessment of Costs in Clinical Negligence Claim / Post Settlement, Costs Assessment
Outcome
Success fee recoverable from date of CFA signing.
Legal Topics
Conditional Fee Agreements, Success Fees, Notice of Funding, Pre Action Protocols, Costs Assessment
Civil Procedure Clinical Negligence Conditional Fee Agreements Success Fees Notice of Funding Pre Action Protocols Costs Assessment

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Parties

Janice Cullen

Second Claimant

Sam Cullen

First Claimant

Dr Chopra

Defendant

Procedural Posture

Detailed Assessment of Costs in Clinical Negligence Claim / Post Settlement, Costs Assessment

Legal Issues

  1. 1 Whether a claimant is entitled to recover a success fee under a CFA for the period before Notice of Funding was served on the defendant

Ratio Decidendi

The Practice Direction on Protocols and the Clinical Negligence Protocol do not impose a mandatory obligation to serve Notice of Funding pre-issue; the use of 'should' is recommendatory, not compulsory. Therefore, Mrs Cullen is entitled to recover a success fee from the date the CFA was signed, not just from the date Notice of Funding was served.

Court Disposition

Success fee recoverable from date of CFA signing.

Orders

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