Slade (t/a Richard Slade And Co) v Abbhi

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Richard John Slade (t/a Richard Slade and Company)

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Commercial Claim / Judgment After Trial

  1. 1 Whether an oral funding agreement was reached between Mr Slade and Mr Abbhi on 11 July 2013
  2. 2 Whether the agreement was a primary funding obligation or a guarantee
  3. 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