Conditional Fee Arrangements (CFAs) Cases Update

(1) Jones v Spire Healthcare Ltd

In a successful appeal by the Claimant, Liverpool County Court recently found that the assignment of a CFA, when the first firm ceased to practice, was valid. The decision overturned the first instance ruling that the CFA had not been validly assigned.

The Circuit Judge's ruling was based on the principle laid down in Jenkins v Young Brothers Transport Ltd [2006] EWHC 151, and took this to be wider authority that the benefit and the burden of a CFA can be validly assigned between firms. The Judge felt bound by this case, although only a county court decision. This widened the position that valid assignment is not restricted to circumstances where the transfer is as a result of the claimant following their solicitor to their new firm.