Barber (t/a Barber & Co Solicitors) v Medico Services Ltd [2020] EWHC 810 (QB) (07 April 2020)

Barber (t/a Barber & Co Solicitors) v Medico Services Ltd [2020] EWHC 810 (QB) (07 April 2020)

There was a binding contract between the solicitor and MSL for the provision of medico-legal services, not contingent on successful recovery from insurers. The solicitor was liable for reasonable fees, including cancellation fees, but damages must reflect actual loss suffered by MSL, not amounts for which MSL is no longer liable or which would result in a windfall. The judge's award of the full claimed sum was incorrect; only sums for which MSL remains liable or has paid are recoverable.

Citation
[2020] EWHC 810
Parties
Appellant/defendant: Arif Barber (trading as Barber & Co Solicitors); Respondent/claimant: Medico Services Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2020
Procedural Posture
Civil Appeal (contractual Dispute) / High Court Appeal From County Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Implied Terms, Assessment of Damages, Reasonableness of Fees, Agency, Medico Legal Services, Breach of Contract
Contract Law Civil Procedure Implied Terms Assessment of Damages Reasonableness of Fees Agency Medico Legal Services Breach of Contract

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Parties

Arif Barber (trading as Barber & Co Solicitors)

Appellant/defendant

Medico Services Limited

Respondent/claimant

Procedural Posture

Civil Appeal (contractual Dispute) / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether there was a contract between the solicitor and MSL for the fees claimed, including cancellation fees
  2. 2 Whether the contract was contingent on successful recovery from third-party insurers
  3. 3 Whether the damages awarded reflected actual loss suffered by MSL

Ratio Decidendi

There was a binding contract between the solicitor and MSL for the provision of medico-legal services, not contingent on successful recovery from insurers. The solicitor was liable for reasonable fees, including cancellation fees, but damages must reflect actual loss suffered by MSL, not amounts for which MSL is no longer liable or which would result in a windfall. The judge's award of the full claimed sum was incorrect; only sums for which MSL remains liable or has paid are recoverable.

Court Disposition

Appeal allowed in part

Orders

  • Damages award to MSL to be substantially reduced to reflect actual loss; solicitor accepts liability for £4,140 plus interest for certain invoices; remaining quantum of damages to be assessed by County Court; parties to be heard on form of order and costs.