Davis (A Child) v Wiltshire Primary Care Trust [2016] EWHC B6 (Costs) (11 January 2016)

“… the assessment of the costs awarded to C. The issue is D’s objection to C’s decision for the discharge of a CLS certificate and to enter instead into a CFA backed by an ATE policy. D characterises that decision as unreasonable and seeks disallowance of the additional liabilities…” paragraph 1)

“A decision to choose a CFA/ATE arrangement rather than public funding (where available) must have been a reasonable decision. If it was, then the additional cost attendant on that choice will (insofar as reasonable in amount) be recoverable from the paying party. If not, then CPR 44(4) will preclude recovery of the additional costs unreasonably incurred.” (paragraph 131)

“…the decision… to switch from public finding to CFA/ATE was not a reasonable decision, nor to C’s advantage. The success fee and ATE premium must be disallowed.” (paragraph 176)