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

Supervening incapacity of the claimant did not frustrate or terminate the conditional fee agreement; instructions could be given by a deputy, and the contract contemplated such circumstances.

Parties: Claimant/respondent: Diann Blankley; Defendant/appellant: Central Manchester and Manchester Children’s University Hospitals NHS Trust
Jurisdiction: England and Wales
Judgment Date: 27 January 2015
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Frustration of Contract, Solicitor's Retainer, Supervening Incapacity, Conditional Fee Agreement, Authority of Agent

Contract Law Agency Law Mental Capacity Law Frustration of Contract Solicitor's Retainer Supervening Incapacity Conditional Fee Agreement Authority of Agent

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Parties

Diann Blankley

Claimant/respondent

Central Manchester and Manchester Children’s University Hospitals NHS Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether supervening incapacity of a claimant frustrates and terminates a conditional fee agreement with solicitors
2 Whether instructions under a retainer must be given personally or can be given by a deputy/litigation friend

Ratio Decidendi

Supervening incapacity of the claimant did not frustrate or terminate the conditional fee agreement; instructions could be given by a deputy, and the contract contemplated such circumstances.

Court Disposition

Appeal dismissed

Orders

Conditional fee agreement remains valid and governs the continued conduct of proceedings by the deputy.
Costs recoverable under the CFA for the relevant period.