Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

There needs to be clarity on this given in Jones v. Spire Healthcare, which is going to Ct of A, Judge found could not uphold Jenkins as that was decided on case specific facts. In Jones costs under first CFA recoverable but not second CFS whilst in this case costs under second CFA recoverable but not the first CFA. In this case Judge did apply Jenkins. The problem has come about where the change of retainer comes about where you have a pre Jackson CFA. Remember on an assignment you can assign the rights/benefits to new solicitor (i.e. right to get paid) but not the burden (to do the work) whereas on a novation all the benefits and burdens of the original CFA are transferred to new Solicitor but original contract annulled. Therefore be careful if assigning as could turn to novation.

Your details

Cancel