Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm) (24 September 2018)

Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm) (24 September 2018)

The court found, on the balance of probabilities and preferring the claimant's evidence, that an oral agreement was made at the 11 July 2013 meeting by which the defendant undertook to pay the claimant's legal fees incurred for Mr Singh. The agreement was not a guarantee but a primary obligation, and thus not caught by the Statute of Frauds. The defendant was therefore liable for the unpaid fees and interest as claimed.

Citation
[2018] EWHC 2039 (Comm)
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 for Unpaid Legal Fees / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Oral Contracts, Statute of Frauds, Guarantee Liability, Legal Fees Recovery, Third Party Funding, Privity of Contract
Contract Law Commercial Law Civil Procedure Oral Contracts Statute of Frauds Guarantee Liability Legal Fees Recovery Third Party Funding +1 more

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Parties

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

Claimant

Deepak Abbhi

Defendant

Procedural Posture

Commercial Claim for Unpaid Legal Fees / High Court Trial Judgment

Legal Issues

  1. 1 Whether an enforceable oral agreement was made between the claimant and defendant for payment of legal fees
  2. 2 Whether the agreement, if any, is unenforceable under the Statute of Frauds as a guarantee
  3. 3 Whether the defendant assumed primary or secondary liability for the fees

Ratio Decidendi

The court found, on the balance of probabilities and preferring the claimant's evidence, that an oral agreement was made at the 11 July 2013 meeting by which the defendant undertook to pay the claimant's legal fees incurred for Mr Singh. The agreement was not a guarantee but a primary obligation, and thus not caught by the Statute of Frauds. The defendant was therefore liable for the unpaid fees and interest as claimed.

Court Disposition

Claim allowed

Orders

  • Judgment for the claimant for £317,823.63 plus interest at 8% per annum from the date of the last invoice to judgment.