Abbhi v Slade (t/a Richard Slade And Company)

Abbhi v Slade (t/a Richard Slade And Company)

The oral agreement was a primary obligation by Mr Abbhi to pay Mr Slade's fees in any event, not contingent upon Mr Singh's default; therefore, it was not a guarantee within section 4 of the Statute of Frauds 1677 and was enforceable despite being oral.

Parties
Appellant/defendant: Deepak Abbhi; Respondent/claimant: Richard John Slade (trading as Richard Slade and Company)
Jurisdiction
England and Wales
Judgment Date
06 December 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Guarantee and Indemnity, Statute of Frauds, Solicitors' Costs, Primary Vs Secondary Liability
Contract Law Civil Procedure Guarantee and Indemnity Statute of Frauds Solicitors' Costs Primary Vs Secondary Liability

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Parties

Deepak Abbhi

Appellant/defendant

Richard John Slade (trading as Richard Slade and Company)

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the oral agreement between Mr Abbhi and Mr Slade was a guarantee within section 4 of the Statute of Frauds 1677 and thus unenforceable for lack of writing
  2. 2 Whether Mr Abbhi's liability under the oral agreement was primary or secondary

Ratio Decidendi

The oral agreement was a primary obligation by Mr Abbhi to pay Mr Slade's fees in any event, not contingent upon Mr Singh's default; therefore, it was not a guarantee within section 4 of the Statute of Frauds 1677 and was enforceable despite being oral.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the respondent (Mr Slade) stands
  • Assessment of damages and payments on account remain stayed as previously ordered