The Court of Appeal handed down judgment in the second appeal in Hyde v Milton Keynes NHS Trust. The Court dismissed the NHSLA’s appeal and upheld the judgment of Mr Justice Soole. Where a Claimant had a public funding certificate and then enters into a private retainer covering the same work, intending the private retainer to replace public funding, the services provided by the solicitor are no longer funded services. Whilst it remains good practice and desirable to obtain a formal discharge of the public funding certificate, a failure to do so does not render the private retainer unlawful or unenforceable. Roger Mallalieu acted for the successful Claimant at first instance, on the first appeal and in the Court of Appeal. Please click here to view the judgement.
