Toms (t/a Goldbergs Solicitors) v Brannan
The Defendant was not in breach of the CFA; therefore, the Claimant was not entitled to recover professional fees (charges) but only expenses and disbursements, which were not the subject of the claim. The appeal fails as the claim for professional fees is not supported by the CFA terms given the factual findings.
- 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 / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Conditional Fee Agreements, Professional Fees, Solicitor Client Relationship, Termination of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Raymond Lawrence Toms (trading as Goldbergs Solicitors)
Claimant / Appellant
John Brannan
Defendant / Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Defendant was bound by the Conditional Fee Agreement (CFA)
- 2 Whether the Defendant breached the CFA
- 3 Whether the Claimant was entitled to recover professional fees under the CFA
Ratio Decidendi
The Defendant was not in breach of the CFA; therefore, the Claimant was not entitled to recover professional fees (charges) but only expenses and disbursements, which were not the subject of the claim. The appeal fails as the claim for professional fees is not supported by the CFA terms given the factual findings.
Court Disposition
Appeal dismissed
Orders
- Claimant/Appellant to pay Defendant/Respondent's costs summarily assessed at £5,000
Full Case Text
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