Spencer-White v Harding Evans LLP

Spencer-White v Harding Evans LLP

The assurance not to act for the Appellant's ex-wife was a collateral contract, not a term of the main retainer. Breach of the assurance entitled the Appellant only to damages, not to repudiate the retainer or refuse payment of fees. The Respondent was contractually entitled to the fees and to exercise a lien over all files until payment, as per the express terms of business. No actionable misrepresentation or fiduciary breach was established.

Parties
Appellant/defendant: Paul Spencer-White; Respondent/plaintiff: Harding Evans LLP
Jurisdiction
England and Wales
Judgment Date
14 June 2017
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Solicitor's Lien, Collateral Contract, Fiduciary Duties, Misrepresentation, Assessment of Solicitor's Bill
Contract Law Professional Negligence Solicitor's Lien Collateral Contract Fiduciary Duties Misrepresentation Assessment of Solicitor's Bill

Case Brief

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Parties

Paul Spencer-White

Appellant/defendant

Harding Evans LLP

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether breach of an assurance by the Respondent disentitled it to fees and a lien over files
  2. 2 Whether the Respondent was entitled to exercise a lien over the Appellant's files
  3. 3 Whether the assurance gave rise to a collateral contract or fiduciary duty

Ratio Decidendi

The assurance not to act for the Appellant's ex-wife was a collateral contract, not a term of the main retainer. Breach of the assurance entitled the Appellant only to damages, not to repudiate the retainer or refuse payment of fees. The Respondent was contractually entitled to the fees and to exercise a lien over all files until payment, as per the express terms of business. No actionable misrepresentation or fiduciary breach was established.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeal dismissed in full
  • No order on costs appeal as main grounds failed