COURT OF APPEAL TO CONSIDER IMPACT OF TRANSFERRING CASE FROM LEGAL AID TO CFA:

I am grateful to Tom Jenkinson from Bolt Burdon Kemp for letting me know that the Court of Appeal has granted permission to appeal in the case of  XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

XDE

XDE is one of those cases where  a claimant switched from legal aid funding to a conditional fee agreement. The Master held that this was not a reasonable step. 

 

“…  I do not consider that a reasonable choice was made to change funding from legal aid to a CFA and ATE arrangement. The litigation friend played no part in the decision and I would say this lack of involvement is fundamental as a defect. But even the decision-making by BBK was flawed for the reasons that I have set out. Consequently, the additional liabilities of success fees and an ATE premium are disallowed.”

This decision was subsequently upheld on appeal.

PERMISSION TO APPEAL

Permission has been given by Lewison LJ, who observed that “The point raised is an important point or principle, and has a real prospect of success”.