Two Recent CFA Cases: Effect of a Failure to Serve a Notice of Funding and Powers of the Ombudsman - Thomas Crockett, 1 Chancery Lane
11/01/14. There have been two recent decisions concerning Conditional Fee Agreements which should be of interest to any practitioner practising in any area of the law where such funding arrangements are prevalent. The first is Harrision & Anor v Black Horse (20/12/13, Sen Cts Office per Maser Gordon-Saker), where the strict application of the Mitchell judgment was applied to a case where relief was sought by a CFA-funded party for its failure to serve a Notice of Funding.
Whilst previously such a common default was excused by courts on the basis that the strict sanction for this failure (the irrecoverability of any additional liabilities, namely: uplift and ATE premium) was disproportionate to the nature of the default, now it seems that such parties cannot expect such lenience...
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