Louise Michelle Reeves v Simon Kevin Frain

Louise Michelle Reeves v Simon Kevin Frain

The DBAs are unenforceable because no sums were recovered from the opposing party and counsel’s fees were unlawfully charged as expenses outside the DBA payment, contrary to Regulation 1(2). Compliance with the Regulations is essential for enforceability; contingent benefits and hybrid arrangements are not permitted.

Parties
Claimant/respondent: Louise Michelle Reeves; Defendant/appellant: Simon Kevin Frain (aka Simon Kevin Reeves aka Bill Reeves); Defendant/appellant: Mark Ryan McKinnon
Jurisdiction
England and Wales
Judgment Date
15 September 2025
Procedural Posture
Appeal / Judgment on Costs Appeal
Outcome
Appeal dismissed
Legal Topics
Damages Based Agreements, Champerty, Statutory Interpretation, Severance, Material Breach, Counsel's Fees as Expenses
Civil Procedure Probate Costs Damages Based Agreements Champerty Statutory Interpretation Severance Material Breach +1 more

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Parties

Louise Michelle Reeves

Claimant/respondent

Simon Kevin Frain (aka Simon Kevin Reeves aka Bill Reeves)

Defendant/appellant

Mark Ryan McKinnon

Defendant/appellant

Procedural Posture

Appeal / Judgment on Costs Appeal

Legal Issues

  1. 1 Whether payment under a DBA is only permitted out of sums recovered by the client from another party
  2. 2 Whether payment must include counsel’s fees which may not be charged as expenses

Ratio Decidendi

The DBAs are unenforceable because no sums were recovered from the opposing party and counsel’s fees were unlawfully charged as expenses outside the DBA payment, contrary to Regulation 1(2). Compliance with the Regulations is essential for enforceability; contingent benefits and hybrid arrangements are not permitted.

Court Disposition

Appeal dismissed

Orders

  • DBAs declared unlawful and unenforceable
  • Costs judge’s decision affirmed