Adrian Alan Ltd. v Fuglers (a firm) [2002] EWCA Civ 1655 (13 November 2002)

Adrian Alan Ltd. v Fuglers (a firm) [2002] EWCA Civ 1655 (13 November 2002)

Fuglers, by allowing Mr Landon to represent himself as a solicitor and provide legal services without disclosure of his true status, failed to perform the contract to provide legal services by a solicitor. AAL is entitled to restitution of fees paid under this mistake. Fuglers' failure to prosecute the appeal constituted professional negligence, entitling AAL to damages for loss of a chance. The £3,000 paid as costs for a non-existent appeal was recoverable as there was no legal liability for such costs.

Citation
[2002] EWCA Civ 1655
Parties
Claimant/respondent: Adrian Alan Limited; Defendants/appellants: Fuglers (a Firm)
Jurisdiction
England and Wales
Judgment Date
13 November 2002
Procedural Posture
Civil Appeal / Appeal From Brighton County Court Judgment
Outcome
Appeal dismissed; cross-appeal allowed in part.
Legal Topics
Breach of Contract, Misrepresentation, Vicarious Liability, Professional Negligence by Solicitors, Restitution of Fees, Damages for Loss of Chance
Contract Law Professional Negligence Restitution Breach of Contract Misrepresentation Vicarious Liability Professional Negligence by Solicitors Restitution of Fees +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Adrian Alan Limited

Claimant/respondent

Fuglers (a Firm)

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Brighton County Court Judgment

Legal Issues

  1. 1 Whether fees paid to Fuglers for services by an unqualified individual (Mr Landon) are recoverable by AAL under mistake of fact and misrepresentation
  2. 2 Whether AAL is entitled to damages for Fuglers' failure to prosecute an appeal (loss of chance)
  3. 3 Whether AAL is entitled to recover £3,000 paid as costs for a non-existent appeal

Ratio Decidendi

Fuglers, by allowing Mr Landon to represent himself as a solicitor and provide legal services without disclosure of his true status, failed to perform the contract to provide legal services by a solicitor. AAL is entitled to restitution of fees paid under this mistake. Fuglers' failure to prosecute the appeal constituted professional negligence, entitling AAL to damages for loss of a chance. The £3,000 paid as costs for a non-existent appeal was recoverable as there was no legal liability for such costs.

Court Disposition

Appeal dismissed; cross-appeal allowed in part.

Orders

  • AAL entitled to recover £23,911.25 in fees paid to Fuglers.
  • AAL entitled to £10,000 damages for loss of chance regarding the appeal.