Assignment v Novation Cases

Question 1

Jones v Spire Healthcare 2015

Answer 1

Novation - 1st CFA was terminated

Question 2

Jones v Spire Healthcare 2016

Answer 2

On Appeal - Assignment - Pre LASPO benefits transferred

Question 3

Budana v Leeds Teaching Hospitals 2016

Answer 3

PI Depart. closing - no further instructions sought from client - CFA Terminated - Novation

Question 4

Budana v Leeds Teaching Hospitals 2017

Answer 4

It is Possible to transfer CFA

Judiciary divided whether Assignment or Novation
However - IT DID NOT MATTER - It was NOT the INTENTION of PARLIAMENT for the 1st Sols not to be paid, or to prevent the recoverability of additional liabilities.

Question 5

Roman v Axa 2019

Answer 5

Created potential uncertainty

Terminating CFA did not necessarily mean Novation

Look at evidence / case specific

If CFA terminated then 1st Sol not entitled to recover and no pre LASPO benefits