EMW Law LLP v Halborg [2015] EWHC 2005 (Ch) (22 May 2015)

EMW Law LLP v Halborg [2015] EWHC 2005 (Ch) (22 May 2015)

The SCCO claim was not so defective as to warrant strike-out; EMW Law LLP had a realistically arguable cause of action even without delivery of a compliant bill; implied terms relating to global payments under the CFA are arguable; EMW Law LLP is not a litigant in person for costs assessment as it is a corporate entity acting with a legal representative.

Citation
[2015] EWHC 2005 (Ch)
Parties
Claimant/respondent: EMW Law LLP; Defendant/appellant: Mr Scott Halborg
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Appeal / Appeal From Orders of Senior Courts Costs Office, Chancery Division
Outcome
Appeal dismissed
Legal Topics
Solicitors' Remuneration, Conditional Fee Agreements, Litigant in Person Status, Implied Contractual Terms, Costs Assessment
Civil Procedure Costs Law Contract Law Solicitors' Remuneration Conditional Fee Agreements Litigant in Person Status Implied Contractual Terms Costs Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

EMW Law LLP

Claimant/respondent

Mr Scott Halborg

Defendant/appellant

Procedural Posture

Appeal / Appeal From Orders of Senior Courts Costs Office, Chancery Division

Legal Issues

  1. 1 Whether SCCO claim should be struck out for defective pleading
  2. 2 Whether EMW Law LLP had a cause of action without delivery of a compliant bill under Solicitors Act 1974
  3. 3 Whether implied terms contradict express terms of CFA

Ratio Decidendi

The SCCO claim was not so defective as to warrant strike-out; EMW Law LLP had a realistically arguable cause of action even without delivery of a compliant bill; implied terms relating to global payments under the CFA are arguable; EMW Law LLP is not a litigant in person for costs assessment as it is a corporate entity acting with a legal representative.

Court Disposition

Appeal dismissed

Orders

  • SCCO claim not struck out; pleadings to be amended to limit implied terms to Mr Halborg
  • EMW Law LLP not treated as litigant in person for costs assessment; full costs recoverable