Bolt Burdon Solicitors v Tariq & Ors

Bolt Burdon Solicitors v Tariq & Ors

The agreement 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 were the effective cause. The agreement was neither unfair nor unreasonable under section 57 of the Solicitors Act 1974. There was no actionable misrepresentation. The fee was to be calculated on the gross sum, including interest, and the defendants were liable for disbursements.

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
Civil Contract/costs / Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Contingency Fee Agreements, Solicitors' Remuneration, Misrepresentation, Unfair Contract Terms, Section 57 Solicitors Act 1974
Contract Law Legal Costs Professional Negligence Contingency Fee Agreements Solicitors' Remuneration Misrepresentation Unfair Contract Terms Section 57 Solicitors Act 1974

Case Brief

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Parties

Bolt Burdon Solicitors

Claimant

Aijaz Tariq

Defendant

Azeem Tariq

Defendant

Amees Tariq

Defendant

Procedural Posture

Civil Contract/costs / Judgment After Trial

Legal Issues

  1. 1 Whether Bolt Burdon Solicitors are entitled to 50% of the compensation recovered under the Contingency Fee Agreement regardless of causation
  2. 2 Whether the agreement was unfair or unreasonable under section 57 of the Solicitors Act 1974
  3. 3 Whether the defendants were induced to enter the agreement by actionable misrepresentation

Ratio Decidendi

The agreement 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 were the effective cause. The agreement was neither unfair nor unreasonable under section 57 of the Solicitors Act 1974. There was no actionable misrepresentation. The fee was to be calculated on the gross sum, including interest, and the defendants were liable for disbursements.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Defendants to pay the sum of £498,083.52 to the claimant within 21 days of the order (by 4pm on 4th May 2016)
  • Defendants to pay disbursements and expenses as invoiced