Presumption trumps doubt in implied retainer case.

In Robinson -v- EMW Law LLP 2018] EWHC 1757 (Ch) Mr Justice Roth found the fact that Mr Robinson could not positively establish there was an implied agreement to pay his solicitors' fees did not leave the matter at large so that the benefit of doubt could be given to the paying party. Mr Robinson … Continue reading Presumption trumps doubt in implied retainer case.

CFA Lite arrangement upheld by the Supreme Court

One interesting case that highlights just how far the courts are prepared to go to protect a solicitor's lien is that of Gavin Edmondson Solicitors Limited Respondent/Cross-Appellant)("Edmondson") v Haven Insurance Company (Appellant/Cross-Respondent)("Haven") [2018] UKSC 21. The appeal arose out of Edmondson's claim against Haven for (i) wrongful inducement to Edmondson's clients to breach their retainer … Continue reading CFA Lite arrangement upheld by the Supreme Court

SCCO deals blow to new CFA challenges.

An interesting decision from SCCO Costs Judge, Master James in Hanley v JC & A Solicitors Limited [SCCO Ref JJ 1706056] concerning an application by a former client for the delivery up of the solicitor’s full file of papers. The Claimant was seeking to challenge the deduction of the solicitor’s fees from his damages under the … Continue reading SCCO deals blow to new CFA challenges.

DBAs & Déjà vu

Lexlaw Ltd v Mrs Shaista Zuberi [2017] EWHC 1350 (Ch) This case concerns Lexlaw’s claim in respect of unpaid solicitor’s fees which Mrs Zuberi disputes on various grounds including, undue influence, misrepresentation, negligence and/or breach of tortious, contractual and/or fiduciary duties but the issue for consideration at a forthcoming preliminary issues hearing concerns "Whether the … Continue reading DBAs & Déjà vu