Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust [2014] EWHC 168 (QB) (05 February 2014)

Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust [2014] EWHC 168 (QB) (05 February 2014)

Supervening mental incapacity does not, in itself, frustrate or terminate a solicitor's retainer; authority to act is suspended but can be restored by deputy or regaining capacity; retainer remains in force unless repudiated or terminated by contract terms.

Citation
[2014] EWHC 168
Parties
Claimant/appellant: Diann Blankley; Defendant/respondent: Central Manchester and Manchester Children's University Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
05 February 2014
Procedural Posture
Costs Appeal / Appeal From District Judge to High Court
Outcome
Appeal allowed
Legal Topics
Solicitor's Retainer, Frustration of Contract, Mental Incapacity, Conditional Fee Agreements, Authority of Agent, Estoppel by Convention, Necessary Services
Civil Procedure Mental Capacity Contract Law Solicitor's Retainer Frustration of Contract Mental Incapacity Conditional Fee Agreements Authority of Agent +2 more

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Parties

Diann Blankley

Claimant/appellant

Central Manchester and Manchester Children's University Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Costs Appeal / Appeal From District Judge to High Court

Legal Issues

  1. 1 Does supervening mental incapacity automatically terminate a solicitor's retainer?
  2. 2 If terminated, can a receiver/deputy adopt or enter a new retainer?
  3. 3 Are solicitors entitled to reasonable fees for necessary services under Mental Capacity Act 2005?

Ratio Decidendi

Supervening mental incapacity does not, in itself, frustrate or terminate a solicitor's retainer; authority to act is suspended but can be restored by deputy or regaining capacity; retainer remains in force unless repudiated or terminated by contract terms.

Court Disposition

Appeal allowed

Orders

  • Defendant's application to strike out parts 4 to 7 of claimant's Bill of Costs dismissed
  • No order on appeal against Second Judgment