On 11 September 2015 DJ Jenkinson, sitting in Liverpool County Court, held that a Conditional Fee Agreement was not capable of assignment between two firms where the initial Conditional Fee Agreement pre dated LASPO and the assignment occurred after 01 April 2013.
In the case of Jones v Spire Healthcare the judge held that it was not possible to assign a personal contract, and that the attempt to assign was in actual fact a novation, which is the substitution of a new contract in place of an old one.
Due to the assignment postdating 01 April 2013, the new contract failed to comply with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 hence rendering it unenforceable.
The decision is listed for an appeal before HH Judge Wood at Liverpool County Court on 16 December 2015.
Watch this space – an in-depth analysis will be provided once the decision is released.
If you have any questions or queries in relation this blog please contact Joanne Chase (joanne.chase@clarionsolicitors.com and 0113 336 3327) or the Clarion Costs Team on 0113 2460622.
