As law firms either give up Personal Injury litigation (sometimes because the firm fails) or seek higher volumes to make it profitable, cases are transferred between them. Where the cases are funded on Conditional Fee Agreements, the transfers were being challenged if they were done by assignment.
The Court of Appeal’s decision in Budana v Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 upheld the validity of transfers of CFAs, albeit that the contractual analysis was less than crisp. Our feeling was that the Court of Appeal sent a signal that such challenges would receive short shrift in the future, and the first post-Budana decision published this week in Warren v Hill Dickinson LLP [2018] WL 01511620, dismissing a challenge to a series of assignments of CFAs, suggests that is correct. We regularly advise on costs arrangements and client engagement issues.
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