Pearless De Rougemont & Co v Pilbrow [1999] EWCA Civ 1011 (17 March 1999)

Pearless De Rougemont & Co v Pilbrow [1999] EWCA Civ 1011 (17 March 1999)

Where a client expressly requests a solicitor and is provided with an unqualified advisor without disclosure, the firm fails to perform the contract, which is for legal services by a solicitor. The firm is not entitled to recover fees for non-performance of the contract.

Citation
[1999] EWCA Civ 1011
Parties
Plaintiff/respondent: Pearless De Rougemont & Company; Defendant/appellant: Stuart John Pilbrow
Jurisdiction
England and Wales
Judgment Date
17 March 1999
Procedural Posture
Civil Appeal / Appeal From County Court Judgment to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Implied Terms in Contracts, Misrepresentation, Non Performance Vs Defective Performance, Solicitors' Duties, Client Care Obligations
Contract Law Professional Negligence Implied Terms in Contracts Misrepresentation Non Performance Vs Defective Performance Solicitors' Duties Client Care Obligations

Case Brief

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Parties

Pearless De Rougemont & Company

Plaintiff/respondent

Stuart John Pilbrow

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether a firm of solicitors is entitled to recover fees when a client, having expressly requested a solicitor, is advised by an unqualified person without disclosure of that status.
  2. 2 Whether the contract was for legal services generally or specifically for legal services by a solicitor.
  3. 3 Whether there was misrepresentation or non-disclosure sufficient to rescind the contract.

Ratio Decidendi

Where a client expressly requests a solicitor and is provided with an unqualified advisor without disclosure, the firm fails to perform the contract, which is for legal services by a solicitor. The firm is not entitled to recover fees for non-performance of the contract.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of the District Judge
  • Set aside the order of the Circuit Judge