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 agreement, the claimant was not entitled to recover basic charges (professional fees), only expenses and disbursements. The claim was for professional fees, which are not recoverable in these circumstances. The judge's findings of fact were not open to challenge on appeal.

Citation
[2020] EWHC 2866 (QB)
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
Civil Appeal / Appeal From County Court (fast Track Trial)
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Solicitor Client Relationship, Contractual Interpretation, Professional Negligence
Contract Law Civil Procedure Conditional Fee Agreements Solicitor Client Relationship Contractual Interpretation Professional Negligence

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Parties

Raymond Lawrence Toms (trading as Goldbergs Solicitors)

Claimant / Appellant

John Brannan

Defendant / Respondent

Procedural Posture

Civil Appeal / Appeal From County Court (fast Track Trial)

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 defendant was in breach of the CFA entitling the claimant to recover basic charges

Ratio Decidendi

The defendant was not in breach of the CFA; therefore, under the agreement, the claimant was not entitled to recover basic charges (professional fees), only expenses and disbursements. The claim was for professional fees, which are not recoverable in these circumstances. The judge's findings of fact were not open to challenge on appeal.

Court Disposition

Appeal dismissed

Orders

  • Claimant's claim for professional fees dismissed
  • Claimant to pay defendant's costs of the appeal summarily assessed at £5,000