Failure to serve Notice of Funding (N251)

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Failure to serve Notice of Funding (N251),  Relief from Sanction

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 and the SCCO cases of Haydon v Strudwick and Tate v Cataldo should be considered when faced with this argument.

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


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