Tel: 020 7626 0191

Contact

  • QLP Legal,
  • 40 Gracechurch Street,
  • London, EC3V 0BT

A victory for Disbursement Funding..!

In an important victory for disbursement funding, a claimant has successfully recovered interest and charges under a loan. (Angela Jade Powell v Shrewsbury and Telford Hospital NHS Trust, Court No OSY02236, 01.01.2016)

 

The claimant, who was of very limited means, utilised a disbursement funding product much like our own (click here for more information) in order to bring her claim and sought payment of interest charges under CRP 44.2(6)(G).

 

Interestingly, The Defendant’s Counsel said during the hearing that the NHSLA completely accepted that the Jones case (Jeffrey Jones and others v The Secretary of State for Energy and Climate Change and Coal Products [2012] EWCH 2936 (QB)) established the principle that Claimants could recover the cost of disbursement funding, and they did not dispute the Claimant’s entitlement to interest per se. Instead, the Defendant disputed the claim for pre-judgment interest which the Claimant sought to pay the cost of the loan.  They disputed the recovery on the basis that:

 

In the end the defendant agreed to pay charges in full, and we see no reason why this would not apply to our unique facility – great news for those claimants needing the assistance of disbursement funding to bring their claims.