Assignment of CFAs and novation: Jones v Spire Healthcare Limited

On 25th September 2015, the Regional Costs Judge in the County Court at Liverpool handed down a reserved judgment in an interesting case dealing with the assignment of conditional fee agreements. He found that conditional fee agreements cannot be assigned, outside of the exceptional circumstances identified in Jenkins v Young Brothers Transport and that a novated retainer created between solicitor and client in the case before him was unenforceable due to its failure to comply with the Conditional Fee Agreements Order 2013. It is expected the case will go to appeal. A full copy of the judgment should be available next week and will be posted on this site.

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