Hameed v Qayyum & Ors [2006] EWCA Civ 55 (19 January 2006)

Hameed v Qayyum & Ors [2006] EWCA Civ 55 (19 January 2006)

The phrase 'the CC or anyone on its behalf' in the service agreement includes receipt by trustees of monies upon trusts for the benefit of ex-employees, as this was the only practical way to achieve a binding settlement. The claimant was an effective cause of the settlement, and the contingent fee was triggered by the payment to trustees.

Citation
[2006] EWCA Civ 55
Parties
Claimant/respondent: Ajmal Ebrahim Hameed; Defendant/appellant: Mohammad Ali Qayyum; Defendant/appellant: Quaiser Mansoor Malik; Defendant/appellant: Farrukh Mahmud; Defendant/appellant: Faheem Tausif Mahmud
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Service Agreements, Contingent Fee Arrangements, Authority of Representatives of Unincorporated Associations, Construction of Contractual Terms
Contract Law Civil Procedure Interpretation of Service Agreements Contingent Fee Arrangements Authority of Representatives of Unincorporated Associations Construction of Contractual Terms

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Parties

Ajmal Ebrahim Hameed

Claimant/respondent

Mohammad Ali Qayyum

Defendant/appellant

Quaiser Mansoor Malik

Defendant/appellant

Farrukh Mahmud

Defendant/appellant

Faheem Tausif Mahmud

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the contingent fee under the service agreement was payable when settlement monies were paid to trustees rather than directly to the Campaign Committee or its agents
  2. 2 Whether the claimant was an effective cause of the settlement triggering the contingent fee
  3. 3 Proper construction of the phrase 'the CC or anyone on its behalf' in the service agreement

Ratio Decidendi

The phrase 'the CC or anyone on its behalf' in the service agreement includes receipt by trustees of monies upon trusts for the benefit of ex-employees, as this was the only practical way to achieve a binding settlement. The claimant was an effective cause of the settlement, and the contingent fee was triggered by the payment to trustees.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay respondent's costs assessed at £19,000 including VAT
  • Sum of $685,000 to be paid to the claimant within 28 days, subject to further order