Abbhi v Slade (t/a Richard Slade And Company) [2019] EWCA Civ 2175 (06 December 2019)

Abbhi v Slade (t/a Richard Slade And Company) [2019] EWCA Civ 2175 (06 December 2019)

The oral agreement imposed a primary obligation on Mr Abbhi to fund Mr Slade's fees, not contingent on Mr Singh's default; therefore, it was not a guarantee within section 4 of the Statute of Frauds 1677 and was enforceable despite being oral.

Citation
[2019] EWCA Civ 2175
Parties
Appellant/defendant: Deepak Abbhi; Respondent/claimant: Richard John Slade (trading as Richard Slade and Company)
Jurisdiction
England and Wales
Judgment Date
06 December 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment After Trial and Further Hearing
Outcome
Appeal dismissed
Legal Topics
Statute of Frauds, Guarantee Vs Indemnity, Solicitors' Fees, Oral Agreements, Primary Vs Secondary Liability
Contract Law Civil Procedure Statute of Frauds Guarantee Vs Indemnity Solicitors' Fees Oral Agreements Primary Vs Secondary Liability

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Parties

Deepak Abbhi

Appellant/defendant

Richard John Slade (trading as Richard Slade and Company)

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment After Trial and Further Hearing

Legal Issues

  1. 1 Whether the oral agreement between Mr Abbhi and Mr Slade was a guarantee within section 4 of the Statute of Frauds 1677 and thus unenforceable for lack of writing
  2. 2 Whether Mr Abbhi's liability was primary or secondary

Ratio Decidendi

The oral agreement imposed a primary obligation on Mr Abbhi to fund Mr Slade's fees, not contingent on Mr Singh's default; therefore, it was not a guarantee within section 4 of the Statute of Frauds 1677 and was enforceable despite being oral.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the oral agreement is enforceable.