Bray Walker Solicitors (a firm) & Anor v Silvera

Bray Walker Solicitors (a firm) & Anor v Silvera

The CFAs contained sufficient written and oral explanation of the success fee and terms, and the transfer of litigation was agreed by the defendant, thus no breach of regulations or contract occurred. The claimants are entitled to recover their basic fees.

Parties
Claimant: Bray Walker Solicitors (A Firm); Claimant: Bevans Bray Walkers Limited; Defendant: Carlo Moise Silvera
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Civil / Judgment
Outcome
judgment for the claimants
Legal Topics
Conditional Fee Agreements, Solicitor Client Costs, Regulatory Compliance, Breach of Contract
Contract Law Civil Procedure Conditional Fee Agreements Solicitor Client Costs Regulatory Compliance Breach of Contract

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Parties

Bray Walker Solicitors (A Firm)

Claimant

Bevans Bray Walkers Limited

Claimant

Carlo Moise Silvera

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Are the Conditional Fee Agreements (CFAs) unenforceable due to breach of regulations?
  2. 2 Did the claimants breach the terms of the retainer or CFA?
  3. 3 Was there sufficient oral and written explanation of the CFA terms to the defendant?

Ratio Decidendi

The CFAs contained sufficient written and oral explanation of the success fee and terms, and the transfer of litigation was agreed by the defendant, thus no breach of regulations or contract occurred. The claimants are entitled to recover their basic fees.

Court Disposition

judgment for the claimants

Orders

  • Claimants entitled to recover their basic fees under the CFAs.
  • Relevant orders to be agreed by counsel.