Stevensdrake Ltd v Hunt & Ors [2015] EWHC 1527 (Ch) (20 May 2015)

The CFA and its schedules expressly imposed personal responsibility on Mr. Hunt for payment of counsel's fees, not limited to recoveries or liquidation funds. The Master was correct to grant summary judgment for counsel's fees and to strike out inadequately pleaded defences and counterclaims. The appeal is dismissed.

Citation: [2015] EWHC 1527 (Ch)
Parties: Claimant/respondent: Stevensdrake Ltd.; Defendant/applicant: Stephen Hunt; Defendant/applicant: Griffins (a firm)
Jurisdiction: England and Wales
Judgment Date: 20 May 2015
Procedural Posture: Appeal / Appeal From Summary Judgment Decision
Outcome: Appeal dismissed
Legal Topics: Conditional Fee Agreements, Personal Liability of Liquidators, Summary Judgment, Estoppel, Fiduciary Duty, Undue Influence

Contract Law Insolvency Law Civil Procedure Conditional Fee Agreements Personal Liability of Liquidators Summary Judgment Estoppel Fiduciary Duty +1 more

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Parties

Stevensdrake Ltd.

Claimant/respondent

Stephen Hunt

Defendant/applicant

Griffins (a firm)

Defendant/applicant

Procedural Posture

Appeal / Appeal From Summary Judgment Decision

Legal Issues

1 Whether summary judgment for counsel's fees was correct
2 Whether liquidator is personally liable under CFA
3 Whether estoppel, breach of fiduciary duty, or undue influence defences are arguable

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Summary judgment for counsel's fees upheld
Condition for continuing defence and counterclaim by payment into court of £100,000 remains