Lucey & Anor v Kounis [2023] EW Misc 10 (CC) (12 September 2023)

Lucey & Anor v Kounis [2023] EW Misc 10 (CC) (12 September 2023)

The claimant was entitled to recover the sums claimed for work done under the retainer and for disbursements, but not the Early Termination Fee, as the evidence showed the Firm itself was unable to continue acting and had waived the right to such fee. The assignment of rights to the claimant was effective for the sums due for work done, but not for the Early Termination Fee. The claim was not statute-barred and the procedural requirements for recovery of solicitors' costs were satisfied.

Citation
[2023] EW Misc 10 (CC)
Parties
Defendant/appellant: Christopher Lucey; Defendant/appellant: Rachel Lucey; Claimant/respondent: George Kounis
Jurisdiction
England and Wales
Judgment Date
12 September 2023
Procedural Posture
Civil Appeal (small Claims Track) / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Assignment of Contractual Rights, Solicitors' Fees and Costs, Repudiatory Breach of Contract, Early Termination Fees, Limitation of Actions
Contract Law Civil Procedure Assignment of Contractual Rights Solicitors' Fees and Costs Repudiatory Breach of Contract Early Termination Fees Limitation of Actions

Case Brief

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Parties

Christopher Lucey

Defendant/appellant

Rachel Lucey

Defendant/appellant

George Kounis

Claimant/respondent

Procedural Posture

Civil Appeal (small Claims Track) / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant (George Kounis) was entitled as assignee to recover fees and costs from the defendants under a retainer with Maxwell Alves Solicitors
  2. 2 Whether the work claimed for was within the scope of the retainer and properly authorised
  3. 3 Whether the Early Termination Fee was properly payable

Ratio Decidendi

The claimant was entitled to recover the sums claimed for work done under the retainer and for disbursements, but not the Early Termination Fee, as the evidence showed the Firm itself was unable to continue acting and had waived the right to such fee. The assignment of rights to the claimant was effective for the sums due for work done, but not for the Early Termination Fee. The claim was not statute-barred and the procedural requirements for recovery of solicitors' costs were satisfied.

Court Disposition

Appeal allowed in part

Orders

  • Judgment for the claimant (George Kounis) for £3,510 (excluding the Early Termination Fee of £2,400) plus interest and costs as previously ordered; judgment set aside to the extent of the Early Termination Fee.