Blyth & Anor v Nelsons Solicitors Ltd

Blyth & Anor v Nelsons Solicitors Ltd

The Master was entitled to find, based on the evidence, that no binding oral agreement was concluded in June 2014 to cap costs, and that the email of 5 August 2014 was not sufficiently clear or certain to constitute an enforceable contract or representation. The claimants' evidence was confused and inconsistent. No...

Source-derived case information.

Parties
Claimant/appellant: Jason Blyth; Claimant/appellant: Daniel Blyth; Defendant/respondent: Nelsons Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Solicitors Act Assessment, Conditional Fee Agreements, Contractual Interpretation, Estoppel, Misrepresentation, Undue Influence
Contract Law Costs Law Civil Procedure Solicitors Act Assessment Conditional Fee Agreements Contractual Interpretation Estoppel Misrepresentation +1 more

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Parties

Jason Blyth

Claimant/appellant

Daniel Blyth

Claimant/appellant

Nelsons Solicitors Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an oral agreement was concluded on 16 June 2014 to cap costs at the budgeted sum
  2. 2 Whether the defendant is estopped from recovering costs in excess of the costs budget
  3. 3 Whether an agreement was reached at the mediation on 2 March 2015 to cap costs at £400,000

Ratio Decidendi

The Master was entitled to find, based on the evidence, that no binding oral agreement was concluded in June 2014 to cap costs, and that the email of 5 August 2014 was not sufficiently clear or certain to constitute an enforceable contract or representation. The claimants' evidence was confused and inconsistent. No estoppel arose due to lack of clear representation or common assumption. The 2015 agreement was a cap, not a fixed compromise, and the sum agreed was reasonable.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on grounds 2 and 3 refused; permission on ground 4 refused at hearing.
  • Costs capped at £400,000 inclusive of success fee and VAT, plus disbursements, subject to Solicitors Act assessment.