'Tremendous victory' for PI claimants over transferred claim
06 December 2017
The Court of Appeal handed victory to claimants today in a much-awaited decision with huge ramifications for law firms that bought up personal injury cases pre-dating the Jackson civil reforms.
In Budana v Leeds Teaching Hospital NHS Trust, the court held that the success fee in a pre-Jackson PI claim that was later transferred to another law firm should be recoverable under the pre-Jackson rules.
The case concerned a clinical negligence claim transferred from Baker Rees to bulk PI firm Neil Hudgell in April 2013. In Kingston upon Hull County Court in February 2016, DJ Besford held that the retainer had been ‘terminated’ when Baker Rees wrote to the client saying that it would no longer perform personal injury work. This implied that the success fee would not be recoverable from the defendants. The case was leapfrogged to the Court of Appeal due to its wider importance.
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