Adequacy of solicitor's funding advice "plainly relevant" to recoverability of success fees (under pre-1 April 2013 CFAs) and ATE insurance premium (SCCO)

In AH (A protected party proceeding through her litigation friend) v Lewisham Hospital NHS Trust [2016] EWHC B3 (Costs), the costs judge considered whether the claimant's decision to switch from public funding to pre-LASPO CFAs with her solicitors and counsel was "reasonable" and whether the additional liabilities (the success fees associated with the CFAs, and an ATE insurance premium) should be recoverable from the paying party.

The same point was considered in Surrey v Barnet & Chase Farm Hospitals NHS Trust [2015] EWHC B16 (Costs) (see Legal update, Switch from public funding to CFA was not reasonable (SCCO)).