The law surrounding whether a CFA can be assigned continues to be unclear.  The hearing of the appeal in Jones v Spire Health Care is due to be heard in April but in the meantime in Webb v London Borough of Bromley the court ruled that an attempt to assign a CFA failed and that what had in fact occurred was that there had been a novation.  This not only meant that the Claimants solicitors lost the success under the CFA but they lost all their costs as the court went on to find that the new agreement was not valid as it did not comply with the Courts and Legal Services Act.

If you are acting for a client under a CFA that you believe has been assigned it would be wise to consider this judgement which contains a useful analysis of the law surrounding this complex area.