Slade (t/a Richard Slade And Co) v Abbhi
Mr Abbhi entered into a binding oral agreement on 11 July 2013 to fund Mr Singh's legal fees incurred by Mr Slade, constituting a primary obligation and not a guarantee. Section 4 of the Statute of Frauds does not apply. Mr Slade is entitled to judgment for the outstanding fees, with quantum and interest to be assessed at a further hearing.
- Parties
- Claimant: Richard John Slade (t/a Richard Slade and Company); Defendant: Deepak Abbhi
- Jurisdiction
- England and Wales
- Judgment Date
- 24 September 2018
- Procedural Posture
- Commercial Claim / Judgment After Trial
- Outcome
- Judgment for the claimant
- Legal Topics
- Oral Agreements, Funding Agreements, Guarantee, Statute of Frauds, Solicitors' Fees
Case Brief
Summary, issues, holding and outcome
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Parties
Richard John Slade (t/a Richard Slade and Company)
Claimant
Deepak Abbhi
Defendant
Procedural Posture
Commercial Claim / Judgment After Trial
Legal Issues
- 1 Whether an oral funding agreement was reached between Mr Slade and Mr Abbhi on 11 July 2013
- 2 Whether the agreement was a primary funding obligation or a guarantee
- 3 Whether section 4 of the Statute of Frauds applies to the alleged agreement
Ratio Decidendi
Mr Abbhi entered into a binding oral agreement on 11 July 2013 to fund Mr Singh's legal fees incurred by Mr Slade, constituting a primary obligation and not a guarantee. Section 4 of the Statute of Frauds does not apply. Mr Slade is entitled to judgment for the outstanding fees, with quantum and interest to be assessed at a further hearing.
Court Disposition
Judgment for the claimant
Orders
- Damages and any interest to be assessed at a further hearing
Full Case Text
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