Holman Fenwick Willan LLP v Samady [2023] EWHC 125 (KB) (06 February 2023)

Holman Fenwick Willan LLP v Samady [2023] EWHC 125 (KB) (06 February 2023)

The July Letter constituted a contract of indemnity and guarantee, creating primary liability for Mr Samady and the CNM Entities, not subject to Solicitors Act 1974 defences. The payment plan replaced prior invoices, and the action was brought under contract, not bills. No implied term for reasonable skill and care existed in the July Letter, and no evidence supported alleged loss or professional negligence. No triable issue was raised; summary judgment was correctly granted.

Citation
[2023] EWHC 125 (KB)
Parties
Claimant/respondent: Holman Fenwick Willan LLP; Defendant/appellant: Wahid Samady
Jurisdiction
England and Wales
Judgment Date
06 February 2023
Procedural Posture
Appeal Against Summary Judgment / High Court King's Bench Division, Post Summary Judgment
Outcome
Appeal dismissed; summary judgment upheld.
Legal Topics
Guarantee Vs Indemnity, Solicitors Act 1974 Compliance, Implied Terms, Summary Judgment, Professional Negligence in Disclosure
Contract Law Professional Negligence Legal Practice Guarantee Vs Indemnity Solicitors Act 1974 Compliance Implied Terms Summary Judgment Professional Negligence in Disclosure

Case Brief

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Parties

Holman Fenwick Willan LLP

Claimant/respondent

Wahid Samady

Defendant/appellant

Procedural Posture

Appeal Against Summary Judgment / High Court King's Bench Division, Post Summary Judgment

Legal Issues

  1. 1 Whether the July Letter constituted a guarantee or indemnity
  2. 2 Applicability of Solicitors Act 1974 to contractual compromise
  3. 3 Existence and breach of implied term for reasonable skill and care in disclosure

Ratio Decidendi

The July Letter constituted a contract of indemnity and guarantee, creating primary liability for Mr Samady and the CNM Entities, not subject to Solicitors Act 1974 defences. The payment plan replaced prior invoices, and the action was brought under contract, not bills. No implied term for reasonable skill and care existed in the July Letter, and no evidence supported alleged loss or professional negligence. No triable issue was raised; summary judgment was correctly granted.

Court Disposition

Appeal dismissed; summary judgment upheld.

Orders

  • Summary judgment in favour of Holman Fenwick Willan LLP for £417,000 plus interest
  • No stay or assessment under Solicitors Act 1974