It seems that these cases will inevitably end up in the Court of Appeal. There is now a lot of money at stake. This will only bolster the Government's position that fixed costs are desireable for future cases.
The NHS Litigation Authority has warned it has hundreds of costs appeals in store for claimant firms that tried to change clients’ funding arrangements in the runup to implementation of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act. The authority last week won a fourth test case against a claimant firm that had switched its clinical negligence client from legal aid funding to a conditional fee arrangement.