Severance Denied: Diag Human v Volterra Fietta [; A Potential Public Policy Warning for Litigation Funders – Gatehouse Chambers

Posted November 21st, 2023 in agreements, chambers articles, champerty, enforcement, fees, news, remuneration, solicitors by sally

‘The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account. The decision in Diag Human v Volterra Fietta will ring alarm bells for litigation funders who might be contemplating launching similar arguments as a consequence of the Supreme Court’s decision in R (on the application of PACCAR) v Competition Appeal Tribunal.’

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Gatehouse Chambers, 10th October 2023