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Budana v The Leeds Teaching Hospital NHS Trust [2017] EWCA Civ 1980

DATE: 05 Dec 2017

Important case on contractual assignment. The Court of Appeal (by a 2 to 1 majority) decided that a solicitors CFA is not assignable from one firm to another such as to keep the original CFA alive. Such an arrangement is a novation. However the court unanimously held that the transitional provisions of LASPO were to be construed such that a success fee and ATE premium payable under a pre 1st April 2013 CFA were recoverable under the novated agreement.

Click here for the judgment.

David Holland QC and Galina Ward acted for the Law Society as Intervening Party.