Assignment of CFA

Jenkins v Young Brothers Transport Ltd [2006] All ER (D) 270 (Feb); NLJ 10 March

The claimant instituted proceedings funded by a CFA and took out after-the-event insurance. When the solicitor acting for him changed firms, the CFA was assigned from the first firm to the second. The solicitor changed firms again and once again the CFA was assigned. The case was settled on terms of damages of £445,000 with costs to be agreed. The defendant challenged the lawfulness of the CFA on the basis that it could not be assigned. The master ruled in favour of the claimant and the defendant appealed.