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 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 the effective cause. There was no requirement for causation, and no basis for implying such a term. The agreement was not induced by actionable misrepresentation, nor was it unfair or unreasonable under section 57 of the Solicitors Act 1974. The fee was to be calculated on the gross sum recovered as compensation, not the net sum after tax deduction.

Citation
[2016] EWHC 811 (QB)
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, Interpretation of Contracts, Solicitors Act 1974 Section 57, Misrepresentation, Unfair Terms
Contract Law Solicitors' Costs Professional Negligence Contingency Fee Agreements Interpretation of Contracts Solicitors Act 1974 Section 57 Misrepresentation Unfair Terms

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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 total compensation recovered, regardless of causation
  2. 2 Whether the fee should be calculated on gross or net compensation
  3. 3 Whether the defendants are liable for disbursements

Ratio Decidendi

The 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 the effective cause. There was no requirement for causation, and no basis for implying such a term. The agreement was not induced by actionable misrepresentation, nor was it unfair or unreasonable under section 57 of the Solicitors Act 1974. The fee was to be calculated on the gross sum recovered as compensation, not the net sum after tax deduction.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • Defendants to pay Bolt Burdon Solicitors £498,083.52 as per the contingency fee agreement.
  • No reduction or setting aside of the agreement under section 57 of the Solicitors Act 1974.