LISA JONES v RICHARD SLADE AND COMPANY LTD

LISA JONES v RICHARD SLADE AND COMPANY LTD

The court does not have jurisdiction under section 70 of the Solicitors Act 1974 to set aside a concluded agreement between solicitor and client on grounds of undue influence or economic duress within costs assessment proceedings; such relief must be sought in separate proceedings.

Parties
Claimant/respondent: Lisa Jones; Defendant/appellant: Richard Slade and Company Ltd
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Appeal / Appeal From Senior Courts Costs Office Decision on Strike Out Application
Outcome
Appeal allowed
Legal Topics
Solicitors' Costs Assessment, Jurisdiction Under Solicitors Act 1974 Section 70, Setting Aside Agreements, Economic Duress, Contentious Business Agreements
Civil Procedure Costs Law Solicitors' Costs Assessment Jurisdiction Under Solicitors Act 1974 Section 70 Setting Aside Agreements Economic Duress Contentious Business Agreements

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Parties

Lisa Jones

Claimant/respondent

Richard Slade and Company Ltd

Defendant/appellant

Procedural Posture

Appeal / Appeal From Senior Courts Costs Office Decision on Strike Out Application

Legal Issues

  1. 1 Does the court have jurisdiction under section 70 of the Solicitors Act 1974 to set aside an agreement between solicitor and client on grounds of undue influence or economic duress within costs assessment proceedings?
  2. 2 Is a freestanding equitable remedy (setting aside the agreement) available within section 70 proceedings?

Ratio Decidendi

The court does not have jurisdiction under section 70 of the Solicitors Act 1974 to set aside a concluded agreement between solicitor and client on grounds of undue influence or economic duress within costs assessment proceedings; such relief must be sought in separate proceedings.

Court Disposition

Appeal allowed

Orders

  • The court below had no jurisdiction to set aside the agreement under section 70; the relevant part of the claim is struck out or stayed.