Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)

Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)

The defendant was not in breach of the CFA; therefore, under the terms of the CFA, the claimant was not entitled to recover professional fees (charges), only expenses and disbursements. The claim was for professional fees, not expenses or disbursements, so the claim failed.

Citation
[2020] EWHC 2866
Parties
Claimant / Appellant: Raymond Lawrence Toms (trading as Goldbergs Solicitors); Defendant / Respondent: John Brannan
Jurisdiction
England and Wales
Judgment Date
27 October 2020
Procedural Posture
Appeal / Judgment on Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Solicitor Client Relationship, Professional Negligence, Costs
Contract Law Civil Procedure Conditional Fee Agreements Solicitor Client Relationship Professional Negligence Costs

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Parties

Raymond Lawrence Toms (trading as Goldbergs Solicitors)

Claimant / Appellant

John Brannan

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Decision

Legal Issues

  1. 1 Whether the defendant was bound by the conditional fee agreement (CFA) and liable for the claimant's professional fees
  2. 2 Whether the claimant was entitled to recover fees under the CFA after termination
  3. 3 Whether the claimant or defendant was in breach of the CFA

Ratio Decidendi

The defendant was not in breach of the CFA; therefore, under the terms of the CFA, the claimant was not entitled to recover professional fees (charges), only expenses and disbursements. The claim was for professional fees, not expenses or disbursements, so the claim failed.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay defendant's costs of the appeal, summarily assessed at £5,000