Notice of Funding - Relief from Sanction

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The recently handed down Judgment of Manning and Beggs v King's College Hospital NHS Trust concerned an Appeal against the Costs Judge's refusal to grant relief from sanction where there had been a failure to serve a Notice of Funding.

On Appeal relief was granted and the Court found that whether a paying party had been prejudiced by the lack of notice was a central issue to be considered.

The Judgment together with the SCCO cases of Haydon v Strudwick and Tate v Cataldo should prove useful reading if you are faced with this problem.

In another recently reported case the Court held in Fortune v Roe that a success fee of 20% was appropriate where the CFA was entered into after liability had been admitted.

Should you have any query about this, or indeed about any other costs issue, please do not hesitate to contact me.

Andrew Neat

A Neat Legal Services - Law Costs Draftsmen and Legal Costs Consultants