Candey Limited v Basem Bosheh & Anor

Candey Limited v Basem Bosheh & Anor

No implied duty of good faith exists in a solicitor-client retainer under a CFA; privileged and confidential material cannot be relied upon by the solicitor in claims against the client absent waiver or the iniquity exception; settling litigation on a 'drop hands' basis does not constitute a breach of contract or duty of good faith under the CFA.

Parties
Appellant: Candey Limited; Respondent: Basem Bosheh; Respondent: Amjad Salfiti
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Good Faith, Legal Professional Privilege, Confidential Information, Conditional Fee Agreements, Fraudulent Misrepresentation, Conspiracy, Breach of Contract
Contract Law Civil Procedure Implied Terms Good Faith Legal Professional Privilege Confidential Information Conditional Fee Agreements Fraudulent Misrepresentation +2 more

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Parties

Candey Limited

Appellant

Basem Bosheh

Respondent

Amjad Salfiti

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a duty of good faith is implied in a solicitor-client retainer under a CFA
  2. 2 Whether privileged and confidential material can be relied upon by solicitors in claims against former clients
  3. 3 Whether settling litigation on a 'drop hands' basis constitutes a breach of contract or duty of good faith

Ratio Decidendi

No implied duty of good faith exists in a solicitor-client retainer under a CFA; privileged and confidential material cannot be relied upon by the solicitor in claims against the client absent waiver or the iniquity exception; settling litigation on a 'drop hands' basis does not constitute a breach of contract or duty of good faith under the CFA.

Court Disposition

Appeal dismissed

Orders

  • Grounds 1, 2, 3, 5, and 7 of appeal dismissed
  • Claim struck out except for breach of Costs Term and claims dependent on privileged/confidential material