Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 (09 July 2015)

Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 (09 July 2015)

It was inappropriate and disproportionate to strike out the entirety of the solicitors' claims for fees on the basis of alleged exaggeration and fabrication without disclosure and cross-examination, given the conflicting evidence; the judge erred in conducting a mini-trial and in concluding that a fair trial was impossible.

Citation
[2015] EWCA Civ 685
Parties
Claimant/appellant: Alpha Rocks Solicitors; Defendant/respondent: Benjamin Oluwadare Alade
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Abuse of Process, Solicitors' Costs, Fraudulent Claims, Detailed Assessment of Costs
Civil Procedure Legal Profession Strike Out Applications Abuse of Process Solicitors' Costs Fraudulent Claims Detailed Assessment of Costs

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Parties

Alpha Rocks Solicitors

Claimant/appellant

Benjamin Oluwadare Alade

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 When is it appropriate to strike out a claim for abuse of process due to alleged fraudulent or exaggerated solicitor bills?
  2. 2 Is it permissible to strike out a claim without oral evidence or cross-examination where there are conflicting factual accounts?

Ratio Decidendi

It was inappropriate and disproportionate to strike out the entirety of the solicitors' claims for fees on the basis of alleged exaggeration and fabrication without disclosure and cross-examination, given the conflicting evidence; the judge erred in conducting a mini-trial and in concluding that a fair trial was impossible.

Court Disposition

Appeal allowed

Orders

  • Strike out order set aside
  • Costs order below set aside