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

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 1^st 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.