Bolt Burdon Solicitors v Tariq & Ors [2016] EWHC 811 (QB) (13 April 2016)

Bolt Burdon Solicitors v Tariq & Ors [2016] EWHC 811 (QB) (13 April 2016)

The Contingency Fee Agreement, properly construed, entitled Bolt Burdon to 50% of any compensation offered by AIB and accepted by the defendants during the currency of the agreement, regardless of whether Bolt Burdon was an effective cause of the offer. There is no basis for implying a causation requirement. The fee is calculated on the gross sum recovered. There was no actionable misrepresentation, and the agreement was not unfair or unreasonable under s.57 Solicitors Act 1974.

Citation
[2016] EWHC 811
Parties
Claimant: Bolt Burdon Solicitors; Defendant: Aijaz Tariq; Defendant: Azeem Tariq; Defendant: Amees Tariq
Jurisdiction
England and Wales
Judgment Date
13 April 2016
Procedural Posture
Claim for Professional Fees Under a Contingency Fee Agreement / High Court Trial, Judgment
Outcome
Claim allowed. Judgment for the claimant.
Legal Topics
Contingency Fee Agreements, Solicitors' Fees, Interpretation of Contracts, Misrepresentation, Unfair Terms, Solicitors Act 1974 S.57
Contract Law Professional Negligence Legal Costs Contingency Fee Agreements Solicitors' Fees Interpretation of Contracts Misrepresentation Unfair Terms +1 more

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Parties

Bolt Burdon Solicitors

Claimant

Aijaz Tariq

Defendant

Azeem Tariq

Defendant

Amees Tariq

Defendant

Procedural Posture

Claim for Professional Fees Under a Contingency Fee Agreement / High Court Trial, Judgment

Legal Issues

  1. 1 Whether Bolt Burdon is entitled to 50% of the final compensation sum under the Contingency Fee Agreement regardless of causation;
  2. 2 Whether Bolt Burdon was an effective cause of the first compensation offer;
  3. 3 Whether the 50% fee is calculated on the gross or net sum after tax;

Ratio Decidendi

The Contingency Fee Agreement, properly construed, entitled Bolt Burdon to 50% of any compensation offered by AIB and accepted by the defendants during the currency of the agreement, regardless of whether Bolt Burdon was an effective cause of the offer. There is no basis for implying a causation requirement. The fee is calculated on the gross sum recovered. There was no actionable misrepresentation, and the agreement was not unfair or unreasonable under s.57 Solicitors Act 1974.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • Defendants to pay Bolt Burdon Solicitors £498,083.52 as professional fees under the Contingency Fee Agreement.