CANDEY LIMITED v BASEM BOSHEH

CANDEY LIMITED v BASEM BOSHEH

The claimant is not entitled to rely on privileged or confidential information to support its claims; no implied terms of good faith or acting in best interests arise in a solicitor's retainer; the claims for breach of implied terms, fraud, conspiracy, and declaratory relief have no real prospect of success and are struck out; only the claim for breach of the express costs term survives, limited to £21,000; no freezing order is justified.

Parties
Claimant: CANDEY Limited; First Defendant: Basem Bosheh; Second Defendant: Amjad Salfiti
Jurisdiction
England and Wales
Judgment Date
16 December 2021
Procedural Posture
Civil Commercial / Ruling on Applications for Freezing Order, Amendment, Summary Judgment, and Strike Out
Outcome
Summary judgment for defendants on all claims except breach of express costs term; permission to amend refused; freezing order refused.
Legal Topics
Implied Terms, Fraudulent Misrepresentation, Breach of Contract, Privilege and Confidentiality, Freezing Injunctions, Summary Judgment, Strike Out, Unjust Enrichment
Contract Law Civil Procedure Legal Professional Privilege Implied Terms Fraudulent Misrepresentation Breach of Contract Privilege and Confidentiality Freezing Injunctions +3 more

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Parties

CANDEY Limited

Claimant

Basem Bosheh

First Defendant

Amjad Salfiti

Second Defendant

Procedural Posture

Civil Commercial / Ruling on Applications for Freezing Order, Amendment, Summary Judgment, and Strike Out

Legal Issues

  1. 1 Whether the claimant can rely on privileged/confidential information against former clients in fraud claims
  2. 2 Whether implied terms of good faith or acting in best interests can be read into a solicitor's retainer
  3. 3 Whether the claimant has a real prospect of success on claims for breach of contract, fraud, conspiracy, and unjust enrichment

Ratio Decidendi

The claimant is not entitled to rely on privileged or confidential information to support its claims; no implied terms of good faith or acting in best interests arise in a solicitor's retainer; the claims for breach of implied terms, fraud, conspiracy, and declaratory relief have no real prospect of success and are struck out; only the claim for breach of the express costs term survives, limited to £21,000; no freezing order is justified.

Court Disposition

Summary judgment for defendants on all claims except breach of express costs term; permission to amend refused; freezing order refused.

Orders

  • Privileged material in claimant's evidence and pleadings struck out
  • Claim for breach of implied terms, fraud, conspiracy, and declaratory relief struck out