Malone v Birmingham Community NHS Trust

Costs – Conditional fee agreement. Textual and contextual considerations led to the conclusion that the conditional fee agreement (CFA) between the claimant and his solicitors had not been limited to proceedings brought against the only potential defendant named in the CFA itself. Accordingly, the Court of Appeal, Civil Division, allowed the claimant's appeal against findings that the CFA had excluded a claim against the defendant NHS Trust and that no costs were recoverable because he had had no contractual liability to pay the firm for the work done in bringing the claim against the defendant.

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