Barber (t/a Barber & Co Solicitors) v Medico Services Ltd [2020] EWHC 810 (QB) (07 April 2020)

Barber (t/a Barber & Co Solicitors) v Medico Services Ltd [2020] EWHC 810 (QB) (07 April 2020)

There was a contract between the solicitor and MSL for the provision of medico-legal services and payment of reasonable fees, not contingent on the success of the underlying claims. The solicitor was liable for reasonable cancellation fees. However, the damages awarded must reflect actual loss suffered by MSL, not amounts for which MSL is no longer liable or which would result in a windfall. The judge erred in awarding the full amount claimed without proper assessment of actual loss.

Citation
[2020] EWHC 810 (QB)
Parties
Appellant/defendant: Arif Barber (trading as Barber & Co Solicitors); Respondent/claimant: Medico Services Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2020
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Breach of Contract, Assessment of Damages, Implied Terms, Reasonableness of Fees, Agency
Contract Law Civil Procedure Breach of Contract Assessment of Damages Implied Terms Reasonableness of Fees Agency

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Parties

Arif Barber (trading as Barber & Co Solicitors)

Appellant/defendant

Medico Services Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether there was a contract between the solicitor and MSL for the fees claimed, including cancellation fees
  2. 2 Whether the contract was contingent on successful recovery in underlying personal injury claims
  3. 3 Whether the damages awarded reflected actual loss suffered by MSL

Ratio Decidendi

There was a contract between the solicitor and MSL for the provision of medico-legal services and payment of reasonable fees, not contingent on the success of the underlying claims. The solicitor was liable for reasonable cancellation fees. However, the damages awarded must reflect actual loss suffered by MSL, not amounts for which MSL is no longer liable or which would result in a windfall. The judge erred in awarding the full amount claimed without proper assessment of actual loss.

Court Disposition

Appeal allowed in part

Orders

  • Damages award to MSL to be substantially reduced to reflect actual loss; solicitor liable for £4,140 plus interest for invoices admitted as due; quantum of damages for remaining invoices remitted to County Court for assessment; parties to be heard on form of order and costs.