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Springer v University Hospitals of Leicester NHS Trust - Alexander Hutton QC

17/05/18. This case was concerned with the requirements (and the consequences of not complying with such requirements) to notify another party pre-action that a client has “additional liabilities” which are potentially recoverable from that other party or parties, i.e. where there is a conditional fee agreement with a success fee (“CFA”), and/or an after the event insurance (“ATE”) premium. It is to some extent historic, because, as a result of the Jackson reforms, in most areas of litigation, success fees and ATE premiums are no longer recoverable between the parties where the relevant CFA and/or ATE policy was entered into on or after 1 April 2013. However, it is relevant in a significant number of cases still ongoing (most usually large multi-track claims) where the CFA and/or ATE was entered into before that date (in all types of claim), and also potentially in claims where additional liabilities remain recoverable, including publication (defamation and privacy) claims.

This was a fatal accidents clinical negligence claim solicitors were first instructed and entered into a CFA with success fee in June 2010. A letter notifying the defendant of the existence of a CFA and ATE (the latter obtained in March 2012) was not given until the letter of claim was finally given on 28 September 2012...

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