The decision in Surrey v Barnet & Chase Farm Hospitals NHS Trust throws into sharp focus the need to give thorough advice as to funding options, tailored to the particular context of the case and the client. For that reason, it has repercussions beyond its clinical negligence sphere and beyond the switch to the new regime post-1 April 2013.
Although the decision turns on the particular facts, the general comments about funding explanations are worth bearing in mind, not just in future cases about recovery of additional liabilities inter partes where BTE cover of some sort was available, but also on a solicitor/own client basis in thinking about the funding advice which a solicitor needs to give during the course of a case. Continue reading
