EPX (a child proceeding by her mother and litigation friend) v Milton Keynes University Hospital NHS Trust

Costs – Change in funding. The appellant's personal injury claim, arising from a brain injury, was eventually settled. He appealed against the master's decision that the appellant's additional liabilities were not recoverable from the respondent. The Queen's Bench Division, in dismissing the appeal, held that the master had correctly directed himself as to the relevant principles of law in finding that neither of the reasons put forward by the appellant's solicitors had justified a change in funding (from legal aid to a conditional fee agreement basis, in conjunction with ATE insurance), and in concluding that the appellant's additional liabilities were not recoverable from the respondent.

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