Barber (t/a Barber & Co Solicitors) v Medico Services Ltd

Barber (t/a Barber & Co Solicitors) v Medico Services Ltd

There was a binding contract between the solicitor and MSL for the provision of medico-legal services, not contingent on the success of the underlying claims. The solicitor was liable for reasonable fees, including cancellation fees. However, MSL was only entitled to recover damages for actual loss suffered, not the full amount claimed where it had not paid or was not liable to pay the experts. The judge's award of the full sum was wrong and resulted in overcompensation.

Parties
Appellant/defendant: Arif Barber (trading as Barber & Co Solicitors); Respondent/claimant: Medico Services Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Breach of Contract, Assessment of Damages, Implied Terms, Reasonableness of Fees
Contract Law Civil Procedure Breach of Contract Assessment of Damages Implied Terms Reasonableness of Fees

Case Brief

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Parties

Arif Barber (trading as Barber & Co Solicitors)

Appellant/defendant

Medico Services Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether there was a contract between the solicitor and MSL for the fees claimed, including cancellation fees
  2. 2 Whether the contract was contingent on successful recovery in the underlying personal injury claims
  3. 3 Whether MSL suffered the alleged loss and is entitled to the full amount claimed

Ratio Decidendi

There was a binding contract between the solicitor and MSL for the provision of medico-legal services, not contingent on the success of the underlying claims. The solicitor was liable for reasonable fees, including cancellation fees. However, MSL was only entitled to recover damages for actual loss suffered, not the full amount claimed where it had not paid or was not liable to pay the experts. The judge's award of the full sum was wrong and resulted in overcompensation.

Court Disposition

appeal allowed in part

Orders

  • Damages award to MSL set aside in part; solicitor liable for £4,140 plus interest for admitted invoices; quantum of damages for remaining invoices remitted to County Court for assessment; parties to be heard on form of order and costs.