Success Fees and Insurance Premiums – An update (April 2005, Katharine Scott)

Articles4th October 2005

“If the claimant is funded by way of a CFA and additional liabilities are claimed, notice of funding must be given to the other side. The CPR 44.3B(1)(c) provides that the receiving party cannot receive any additional liability (this means the uplift on the CFA and the insurance premium) for any period of the proceedings during which the information was not provided. This is a mandatory provision, and the claimant must make a part 23 application supported by evidence for relief from sanctions to avoid the consequences of this provision. This means that it is not open to the trial judge on an oral application to grant such relief…”