Rees v Gateley Wareing (A Firm) & Ors

Rees v Gateley Wareing (A Firm) & Ors

The retainer agreement, as performed, constituted a conditional fee agreement for the provision of litigation services by solicitors, which did not comply with section 58 of the Courts and Legal Services Act 1990 and was not validated by section 57 of the Solicitors Act 1974. Therefore, it was unenforceable, and Gateley Wareing was not entitled to fees under it.

Parties
Appellant: David Rees; Appellant: Gwyneth Rees; Respondent: Gateley Wareing (a firm); Respondent: Gateley LLP (formerly Gateley Wareing LLP and HBJ Gateley Wareing LLP)
Jurisdiction
England and Wales
Judgment Date
22 October 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Conditional Fee Agreements, Contingency Fees, Champerty, Solicitor Client Retainer, Unenforceable Contracts
Contract Law Legal Profession Regulation Conditional Fee Agreements Contingency Fees Champerty Solicitor Client Retainer Unenforceable Contracts

Case Brief

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Parties

David Rees

Appellant

Gwyneth Rees

Appellant

Gateley Wareing (a firm)

Respondent

Gateley LLP (formerly Gateley Wareing LLP and HBJ Gateley Wareing LLP)

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the retainer agreement between Mr and Mrs Rees and Gateley Wareing was or became an unenforceable contract under statutory or common law rules regarding conditional or contingency fee agreements for solicitors.
  2. 2 Whether Gateley Wareing was entitled to fees under the retainer agreement given the nature of the services provided and the statutory framework.

Ratio Decidendi

The retainer agreement, as performed, constituted a conditional fee agreement for the provision of litigation services by solicitors, which did not comply with section 58 of the Courts and Legal Services Act 1990 and was not validated by section 57 of the Solicitors Act 1974. Therefore, it was unenforceable, and Gateley Wareing was not entitled to fees under it.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • Gateley Wareing are not entitled to enforce the retainer agreement of 5 August 2002.