The Winros Partnership v Global Energy Horizons Corporation [2025] EWHC 3362 (Ch) (19 December 2025)

The Winros Partnership v Global Energy Horizons Corporation [2025] EWHC 3362 (Ch) (19 December 2025)

Where a conditional fee agreement (CFA) is terminated by acceptance of a client's repudiatory breach, and the solicitor does not rely on a contractual termination clause entitling payment for work done, the solicitor is not entitled to payment for work done up to termination as a debt or under unjust enrichment. The contract's risk allocation and express terms preclude a restitutionary claim. The detailed assessment process is not the proper forum for such a claim.

Citation
[2025] EWHC 3362 (Ch)
Parties
Appellant (defendant Below): The Winros Partnership; Respondent (claimant Below): Global Energy Horizons Corporation
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Appeal From Senior Courts Costs Office (scco) Decision on Detailed Assessment of Solicitor's Bill / Judgment on Appeal Regarding Objection 1 (assessment of Costs at Nil)
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Repudiatory Breach, Unjust Enrichment, Detailed Assessment of Costs, Solicitors Act 1974
Contract Law Costs Law Civil Procedure Conditional Fee Agreements Repudiatory Breach Unjust Enrichment Detailed Assessment of Costs Solicitors Act 1974

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Parties

The Winros Partnership

Appellant (defendant Below)

Global Energy Horizons Corporation

Respondent (claimant Below)

Procedural Posture

Appeal From Senior Courts Costs Office (scco) Decision on Detailed Assessment of Solicitor's Bill / Judgment on Appeal Regarding Objection 1 (assessment of Costs at Nil)

Legal Issues

  1. 1 Whether a solicitor is entitled to payment for work done under a conditional fee agreement (CFA) terminated for repudiatory breach by the client when no success fee has been achieved
  2. 2 Whether a claim in unjust enrichment (restitutionary quantum meruit) is available in these circumstances
  3. 3 Whether the detailed assessment process under the Solicitors Act 1974 is the appropriate forum for such a claim

Ratio Decidendi

Where a conditional fee agreement (CFA) is terminated by acceptance of a client's repudiatory breach, and the solicitor does not rely on a contractual termination clause entitling payment for work done, the solicitor is not entitled to payment for work done up to termination as a debt or under unjust enrichment. The contract's risk allocation and express terms preclude a restitutionary claim. The detailed assessment process is not the proper forum for such a claim.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the Senior Costs Judge's decision to assess Rosenblatt's bill at nil is dismissed.