EMW Law LLP v Halborg

EMW Law LLP v Halborg

The SCCO claim is sufficiently pleaded and not liable to be struck out; the absence of a compliant bill is not fatal at this stage; the pleaded implied terms are arguable and do not contradict the express CFA; EMW Law LLP, as a corporate entity acting with a legal representative, is not a litigant in person for costs purposes under CPR 46.5.

Parties
Claimant/respondent: EMW Law LLP; Defendant/appellant: Mr Scott Halborg
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Civil Appeal / Appeal From Orders of the Senior Courts Costs Office
Outcome
Appeal dismissed
Legal Topics
Solicitors' Costs Assessment, Conditional Fee Agreements, Implied Contractual Terms, Litigant in Person Status
Civil Procedure Costs Law Solicitors' Costs Assessment Conditional Fee Agreements Implied Contractual Terms Litigant in Person Status

Case Brief

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Parties

EMW Law LLP

Claimant/respondent

Mr Scott Halborg

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Orders of the Senior Courts Costs Office

Legal Issues

  1. 1 Whether the SCCO claim should be struck out for defective pleading or lack of a compliant bill under the Solicitors Act 1974
  2. 2 Whether certain implied terms should be struck out as contradicting express terms of the CFA
  3. 3 Whether EMW Law LLP is a litigant in person for the purpose of costs recovery under CPR 46.5

Ratio Decidendi

The SCCO claim is sufficiently pleaded and not liable to be struck out; the absence of a compliant bill is not fatal at this stage; the pleaded implied terms are arguable and do not contradict the express CFA; EMW Law LLP, as a corporate entity acting with a legal representative, is not a litigant in person for costs purposes under CPR 46.5.

Court Disposition

Appeal dismissed

Orders

  • Appeal from the Order of 24 October 2014 dismissed; SCCO claim not struck out.
  • Appeal from the Order of 24 November 2014 dismissed; EMW Law LLP not treated as a litigant in person for costs assessment.