Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Assignment of CFA’s

18th August, 2016

Read Partner Paul Bennett’s thoughts on The Assignment of CFA’S.

In Denise v Spire Healthcare Limited Case No: A13YJ811, it was decided that CFA’s cannot be assigned. However, on appeal, this decision has been reversed by HHJ Graham Wood. This was a civil appeal to the High Court.

HHJ Graham Wood stated that he could not depart from the case of Jenkins v Young Brothers [2006] EWHC 151 and that the district judge was wrong to not regard Jenkins as providing “a ratio decidendi which was binding upon him, and unequivocal, and proceeding on the basis that it was necessary for a court to establish the same context of trust and confidence which had prevailed in that case. In my judgement there is a sufficiently clear ratio, even if the present facts are distinguishable”.

It was also stated that it appears that a higher appellate court (such as the Court of Appeal) may become engaged because the question of whether a CFA can be assigned is a matter of public importance and wider consequence.

The issue is important for CFA’s that were entered into before 1st April 2013 because it is the only way to ensure that the success fee and other costs remain recoverable from the opponent. If it is found that a particular CFA has not been assigned, it would mean that costs will be irrecoverable. We have advised a number of personal injury firms on this issue already.

If you have any questions in relation to your CFA please do not hesitate to contact our Professional Practices Department.

Paul Bennett

Partner in Professional Practices and Employment

DD: 01743 453685

Email: [email protected]

You might also be interested in...

Aaron & Partners Increases Recommendations in Leading Industry Guide, The Legal 500

5th November, 2018

Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »

Mental Health and Stress in the Workplace – 3/3

10th October, 2018

In the lead up to World Mental Health Day on 10 October 2018, we have been posting a series of short articles discussing mental health and stress in the workplace. In this final article, we will be providing tips, to employers and employees, for managing stress and dealing with mental ill health in the workplace. Click here to... Read More »

Mental Health and Stress in the Workplace – 2/3

9th October, 2018

In the lead up to World Mental Health Day on 10 October 2018, we will be posting a series of short articles discussing mental health and stress in the workplace. Click here to view article 1/3. Following on from our article published yesterday, this article will discuss the signs of workplace stress and will briefly highlight the potential... Read More »

Contact Us