Stevensdrake Ltd v Hunt & Ors

Stevensdrake Ltd v Hunt & Ors

The CFA and its schedules clearly impose personal liability on Mr. Hunt for counsel’s fees and disbursements, not limited to funds available in the liquidation; antecedent correspondence and default legal assumptions cannot override the express contractual terms; summary judgment for counsel’s fees is upheld.

Parties
Claimant/respondent: Stevensdrake Ltd.; Defendant/applicant: Stephen Hunt; Defendant/applicant: Griffins (a firm)
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Conditional Fee Agreements, Personal Liability of Liquidators, Estoppel, Breach of Fiduciary Duty, Undue Influence
Contract Insolvency Professional Negligence Conditional Fee Agreements Personal Liability of Liquidators Estoppel Breach of Fiduciary Duty Undue Influence

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Parties

Stevensdrake Ltd.

Claimant/respondent

Stephen Hunt

Defendant/applicant

Griffins (a firm)

Defendant/applicant

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment for counsel’s fees against the defendants was correct
  2. 2 Whether Mr. Hunt is personally liable under the CFA
  3. 3 Whether estoppel, breach of fiduciary duty, or undue influence defences/counterclaims are sustainable

Ratio Decidendi

The CFA and its schedules clearly impose personal liability on Mr. Hunt for counsel’s fees and disbursements, not limited to funds available in the liquidation; antecedent correspondence and default legal assumptions cannot override the express contractual terms; summary judgment for counsel’s fees is upheld.

Court Disposition

appeal dismissed

Orders

  • Summary judgment for counsel’s fees upheld
  • Condition for continuing defence and counterclaim by payment into court of £100,000 remains